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PEOPLE v. DRAKE

No. 84SA499.

785 P.2d 1253 (1989)

PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James Alvey DRAKE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 20, 1989.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Jane E. Westbrook, Chief Deputy Dist. Atty., William Henry Kain, III, Sp. Prosecutor, Asst. Dist. Atty., and Martha L. Kent, Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, and Peggy O'Leary, Deputy State Public Defender, Denver, for defendant-appellee.

Justice VOLLACK delivered the Opinion of the Court.

The People appeal1 the trial court's order excluding the incriminating custodial out-of-court statements of a co-defendant in the murder trial of defendant James Alvey Drake. The trial court adopted the per se rule that incriminating out-of-court statements by co-defendants in custody are unreliable and therefore inadmissible. We disapprove of the trial court's ruling.

I.

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