PEOPLE v. HERMAN

No. 25462.

512 P.2d 1159 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Larry William HERMAN, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

July 30, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Tennyson W. Grebenar, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Deputy State Public Defender, Denver, for defendant-appellant.


GROVES, Justice.

The defendant was found guilty of the offense of forcible rape. We affirm.

I

The defendant argues that the trial court should have granted his motion for a mistrial since, during a recess on the first trial day, he was escorted from the courtroom by two uniformed sheriff's officers in full view of prospective and empaneled jurors. The defendant stipulated to the fact that he was not shackled in the presence of any juror, that he...

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