PEOPLE v. MARTINEZ

No. 25199.

506 P.2d 744 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bennie Thomas MARTINEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 26, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


HODGES, Justice.

Defendant Martinez was found guilty by a jury of unlawful possession of heroin. On appeal, he argues that the trial court erred in refusing him permission to testify in surrebuttal. We disagree and therefore affirm the conviction.

The defendant, who testified in his own defense, was specifically asked on both direct and cross-examination whether he had ever used narcotics including heroin. He denied that he ever used any narcotics. He also...

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