(Download) "People V. Schuett" by Colorado Supreme Court ~ Book PDF Kindle ePub Free

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eBook details

• Title: People V. Schuett
• Author : Colorado Supreme Court
• Release Date : January 13, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

We granted certiorari to review the court of appeals' decision in People v. Schuett, 819 P.2d 1062 (Colo. App. 1991), which reversed the conviction of the defendant, Sherman Schuett, for second degree kidnapping and remanded the case for a new trial on that charge. The court of appeals held that the trial court committed plain error when in response to a jury request during deliberations for a clarifying definition of the statutory term "without lawful justification," it stated that the jury "must give this term the common meaning that the words imply." In support of its holding, the court of appeals reasoned that the term "without lawful justification" is a term of art which means that "the actions of the defendant were committed 'in the pursuit or furtherance of an illegal purpose,'" and concluded that the trial court should have so defined the term for the jury. 819 P.2d at 1066. Because we determine that the trial court's response to the jury request did not constitute plain error, we reverse the judgment of the court of appeals and remand the case to that court with directions to reinstate the judgment of conviction for second degree kidnapping.

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