People v. Benns

Defendant-Appellee David Lee Benns was charged in the district court of Pueblo County with eight separate offenses, including kidnapping, rape, and deviate sexual intercourse. After trial to a jury, he was acquitted of all charges.

The district attorney brings this appeal under section 16-12-102, C.R.S. 1973, to review evidentiary rulings of the trial court.

Any decision by this court will not affect the outcome of the litigation nor the relation of the particular parties. The defendant could not be re-tried, having once been in jeopardy. Markiewicz v. Black, 138 Colo. 128, 330 P.2d 539. We…