11 Colo. 170 | Colo. | 1887
Plaintiffs in error and one Walter Beal were jointly indicted for burglary. A severance was had as to Walter Beal, and the plaintiffs in error were tried together and convicted. Twelve errors are assigned. The first and second relate to proceedings had before the commencement of the trial, and are not relied on in the argument. The other errors will be considered in the order which counsel have argued them. On the trial Walter Beal was made a witness for the prosecution, and he testified that he told Joe Measures where the jewelry was that was taken. . Thereupon he was asked if he went with Measures to show him where the jewelry was. This ■ question was objected to, and the court permitted the witness to answer; and upon this ruling the third assign ment is based. Joseph Measures was a witness for the prosecution, and, after testifying that Beal had acknowledged that he knew where the jewelry was, was asked what he did with Beal after such acknowledgment. This question was objected to, and the court permitted the witness to answer, and upon this ruling the sixth assignment is based. These assignments are argued together,
We do not think the objection urged against the admission of the testimony is well taken; but the proof, if relevant at all, was relevant for the purpose of showing what inducements were at any time held out to the witness to get him to implicate others in the burglary with which he was connected, and if the exclusion of such proof at that time was error, the defendants by their subsequent action in objecting to the introduction of proof of the same matter are estopped from now urging such error. Upon the redirect examination of Beal he was
The judgment should be reversed.
De France and Stallcup, CO., concur.
For the reasons assigned in the foregoing opinion the judgment of the criminal court is reversed and cause remanded for a new trial.
Reversed.