Settle v. People

The defendant, Roy Settle, was convicted of assault and battery in violation of C.R.S. 1963, 40-2-35. After the case had been submitted to the jury for its deliberations, the foreman of the jury asked to rehear a portion of the testimony of the complaining witness, and both sides were advised of this request. The trial court, over defendant’s objection, then permitted the jury to rehear some testimony by use of an electronic recording device. The defendant argues that allowing the jury to rehear this testimony constitutes reversible error, relying upon Hersey v. Tully, 8 Colo. App. 110, 44 P.…