(DOWNLOAD) "People v. Flysaway" by Colorado Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: People v. Flysaway
• Author : Colorado Court of Appeals
• Release Date : January 30, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

When a child victims hearsay statement is admitted under § 13-25-129(1), C.R.S. (1987 Repl. Vol. 6A), the trial court must give a cautionary jury instruction on credibility. And, while the statute itself contains no express requirement therefor, it has been construed to require the court to give the instruction contemporaneously with the admission of the hearsay evidence and again at the conclusion of the case. People v. McClure, 779 P.2d 864 (Colo. 1989); People v. Mathes, 703 P.2d 608 (Colo. App. 1985). In both of these cases, the trial court did not give the statutorily required cautionary instruction either at the time the evidence was admitted or at the conclusion of the case. It gave only the general instruction on witness credibility.

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