60 Colo. 211 | Colo. | 1915
delivered the opinion of the court.
Frank B. Wood and George Miller were charged in an information filed by the District Attorney, with having robbed Frank Palmer of a watch, and, in another information, with having, at the same time, robbed S. J. Tatum of $4.75. Miller entered a plea of guilty to each information; and the cases against Wood were, over his objection, consolidated and tried, resulting in a verdict of guilty upon each charge. Motion for a new trial was denied and sentence pronounced in each case, from which Wood seeks to be relieved through this proceeding. He contends that the cases were improperly consolidated to his prejudice. We do not concur in this view of the matter. The crimes charged are of the same class, committed at the same time and place, and were properly consolidated. — Rev. Stat. 1908, § 1953; Trozzo v. People, 51 Colo. 323, 329, 117 Pac. 150; Packer v. People,
Wood further claims that, if the consolidation was proper, it must be held that the informations charge but one offense and will support but one penalty. In this he is mistaken. Each information sets forth the commission of a distinct offense, although committed at the same place and time. As the sole purpose of consolidation was to conserve time and expense in the litigation, the cases were, subsequent to the trial, no different than if separate trials had been had. It was, therefore, proper to pronounce' sentence upon the verdict of guilty in each case.
The only other alleged error we deem necessary to consider is based upon the admission of certain evidence over the objection of plaintiff in error, and the refusal of the court to withdraw the same from the consideration of the jury. Miller, the co-defendant of Wood, testified as a witness for The People, and in his evidence in chief, in answer to an inquiry as to his acquaintance with Wood, stated that he had known him “about two weeks prior” to the commission of the alleged crimes, which was on the 29th day of July. Wood, upon cross-examination, stated, in answer to the question as to his acquaintance with Miller, that he had known him “since somewhere along in July, I should judge about the 20th,” and had met him around like any one else. Wood also stated that he was acquainted with two sisters of Miller, named Minnie and Mamie, respectively; that he had known Mamie since about the 7th of July. He was then, over objection, required to answer numerous questions relative to keeping company with Mamie, taking her to Denver, living with her as her. husband, as to her age, and whether he had told certain parties that they were married. He gave negative answers to these questions. He admitted that he, Miller, and Mamie were in Denver; that Mamie had accompanied him there, and that they had all stopped or visited with Minnie, the married sister of Miller, but denied
Reversed.
Decision en banc.