[Download] "People v. Cram" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Cram
- Author : Colorado Supreme Court
- Release Date : January 05, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
The district attorney contends that the court erred in failing to make findings of fact and conclusions of law. Assuming arguendo that this point may be considered on an interlocutory appeal, the courts findings and conclusions are sufficiently clear to us. After the testimony at the suppression hearing was concluded, the court indicated that the matters set forth in the affidavit supporting the search warrant might be sufficiently similar to those set forth in the affidavit in People v. Brethauer, 174 Colo. 29, 482 P.2d 369 (1971); and that Brethauer might be controlling. In Brethauer the affidavit was ruled to be insufficient. The court had the Brethauer opinion on the bench and repeatedly asked the deputy district attorney to distinguish Brethauer from the instant case. The answers by the prosecutor were not responsive, and consisted principally of the prosecutors expression that, in his opinion, the affidavit in the instant case was sufficient. Finally the court stated: ". . . Im trying to get the facts, the difference between the two cases. Im not trying to throw your case out, Im trying to get some help from you." The entire response from the deputy district attorney was, "I dont have the Brethauer case before me." The court then granted the motion.