SETTLE v. PEOPLE

No. C-182.

504 P.2d 680 (1972)

Roy SETTLE, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

December 26, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Don L. Nelson, Deputy State Public Defenders, Denver, for petitioner.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Jack E. Hanthorn, Asst. Atty. Gen., Denver, for respondent.


PRINGLE, Chief Justice.

The defendant, Roy Settle, was convicted of assault and battery in violation of C.R.S.1963, 40-2-35. After the case had been submitted to the jury for its deliberations, the foreman of the jury asked to rehear a portion of the testimony of the complaining witness, and both sides were advised of this request. The trial court, over defendant's objection, then permitted the jury to rehear some testimony by use of an electronic recording device...

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