People v. Francois

The People bring this appeal pursuant to section 16-12-102, C.R.S. 1973 (1978 Repl. Vol. 8) upon a question of law. The People assert as error the trial court’s instruction to the jury which made materiality an element of the crime of tampering with a witness. Section 18-8-605(1)(a), C.R.S. 1973 (1978 Repl. Vol. 8). We agree with the People and therefore disapprove the instruction given by the trial court.

Defendant was a party in a civil trial for breach of contract. He requested a potential witness in the civil trial not to mention any sexual intimacies which had occurred between himself and…