Opinion
No. 23645.
Decided May 26, 1969.
Defendant was convicted of the crime of forgery and brought error.
Reversed.
1. CRIMINAL LAW — Forgery — Mandate of Stull v. People — Evidence — Similar Transactions — Failure to Comply — Error. In prosecution for the crime of forgery, where trial court failed to comply with mandate of Stull v. People concerning the manner in which evidence of so-called similar transactions is to be handled, held, under the circumstances, judgment of conviction is reversed and the cause remanded with direction that any further proceedings be consonant with the Stull case.
Error to the District Court of Montezuma County, Honorable Willard W. Rusk, Jr., Judge.
Samuel J. Merlo, for plaintiff in error.
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, Michael T. Haley, Assistant, for defendant in error.
Defendant was convicted of the crime of forgery and sentenced to a term in the state penitentiary. By writ of error the defendant now seeks reversal of the judgment and sentence thus entered against him.
The defendant contends that the judgment should be reversed and the cause remanded for a new trial because of the failure of the trial court to comply with the mandate of Stull v. People, 140 Colo. 278, 344 P.2d 455 concerning the manner in which evidence of so-called similar transactions is to be handled. In this regard the Attorney General confesses error. Our examination of the record convinces us also that in connection with the matter above referred to the trial court failed to comply with Stull v. People, supra. Other cases indicating our adherence to Stull v. People, supra, are Clews v. People, 151 Colo. 219, 377 P.2d 125; Stanmore v. People, 146 Colo. 445, 362 P.2d 1042; and Kostal v. People, 144 Colo. 505, 357 P.2d 70.
The judgment is therefore reversed and the cause remanded with direction that any further proceedings be consonant with Stull v. People, supra.
MR. JUSTICE KELLEY not participating.