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PEOPLE v. ANDERSON

No. 80SA79.

637 P.2d 354 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Richard ANDERSON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 30, 1981.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., C. Phillip Miller, Chief Deputy Dist. Atty., Boulder, for plaintiff-appellant.

Hemminger & Whittaker, Gary H. Hemminger, Englewood, for defendant-appellee.

ERICKSON, Justice.

Pursuant to section 16-12-102, C.R.S. 1973 (now in 1978 Repl. Vol. 8), the prosecution has appealed from a ruling of the trial court which permitted the admission at trial of evidence of a polygraph test and testimony by the polygraph examiner. We disapprove the ruling of the trial court and conclude that real and testimonial evidence of a criminal defendant's polygraph examination is per se inadmissible at trial.

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