People v. Moyer, 670 P.2d 785 (Colo. 1983)

Cases | People v. Moyer, 670 P.2d 785 (Colo. 1983) | 2018

Defendant was charged by a grand jury indictment with two counts of charitable fraud and one count of tampering with a witness. The witness tampering charge arose from a witness’s testimony that defendant told her that if she or “ten people” appeared before the grand jury, he would sue them for perjury. The district court found that probable cause did not exist to support the witness tampering charge. The supreme court reversed. The facts established probable cause to believe that defendant committed the crime of tampering with a witness as alleged in the indictment. Considered in the light most favorable to the State, the evidence and the reasonable inferences that could be drawn from it established that defendant told the witness that if she or ten people testified before the grand jury, the defendant would sue the witness or any of the ten persons for perjury.

(This case cites former Colo. Rev. Stat. § 18-8-605.)