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PEOPLE v. DISTRICT COURT IN & FOR SEVENTEENTH J.D.

No. 27078.

546 P.2d 1268 (1976)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the SEVENTEENTH JUDICIAL DISTRICT of the State of Colorado and Oyer G. Leary, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

March 11, 1976.

Attorney(s) appearing for the Case

Floyd Marks, Dist. Atty., Brian T. Mc-Cauley, Deputy Dist. Atty., Brighton, for petitioner.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, T. Michael Dutton, Norman R. Mueller, Dep. State Public Defenders, Denver, for respondents.

Richard L. Tegtmeier, Colorado Springs, for The Colorado Springs Criminal Defense Lawyers Association, amicus curiae.

Earl S. Wylder, Richard S. Shaffer, Denver, for Arnold Alperstein, and others, amici curiae.

GROVES, Justice.

This is an original proceeding relating to the question of whether prospective jurors can be questioned on voir dire as to their views on capital punishment in a first-degree murder case, People v. Carlos O. D. Henry. Prior to commencement of the trial the court granted a motion by the defendant Henry to give the following instruction to prospective jurors in advance of voir dire:

"During the voir dire examination, you...

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