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eBook details

• Title: People V. Lewis
• Author : Colorado Supreme Court
• Release Date : January 30, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This appeal, which is brought by the People pursuant to section 16-12-102, C.R.S. 1973 (1978 Repl. Vol. 8), raises the single question of whether the trial court, when the jury has been deliberating on the charge of first degree murder and lesser included offenses and there is no indication either that a unanimous verdict is unlikely if deliberations continue or that the jury is deadlocked solely on the issue of the defendant's guilt as to a greater or lesser offense, should instruct the jury that, if it is satisfied of the defendant's guilt of at least one of the offenses but has a reasonable doubt as to which offense, it has the duty to find the defendant guilty of the lesser offense only. Because we conclude that under the particular circumstances of this case the instruction was coercive and incompatible with the requirement of a unanimous verdict, we disapprove the judgment.

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