PEOPLE v. FULLERTON

No. 26510.

525 P.2d 1166 (1974)

The PEOPLE of the State of Colorado, Petitioner, v. Robert P. FULLERTON, District Judge, and the District Court In and For the Second Judicial District of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

August 26, 1974.


Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke, Wunnicke, Chief Deputy Dist. Atty., Denver, for petitioner.

Robert P. Fullerton, Duncan W. Cameron, Denver, for respondents.


ERICKSON, Justice.

The defendant was charged with possession of a weapon by a previous offender (Felon With a Gun Statute), 1971 Perm. Supp., C.R.S.1963, 40-12-108. His counsel filed a motion for a bifurcated trial, alleging that the two elements of the offense, possession and prior felony record, should be tried separately before the same jury. He argued that to impart knowledge of the defendant's prior record to the jury would unduly influence a verdict and finding...

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