Gallegos v. People

The defendants by writ of error claim the trial court committed reversible error in denying their motion under Rule 35(b) whereby defendants claim that their constitutional rights of due process and confrontation of witnesses against them were denied by the improper admission into evidence of a police officers report designated Exhibit O. This exhibit was used on cross-examination by defendants attorney to refresh the witness recollection and, thereafter, upon the prosecutors request, was admitted into evidence. In Gallegos v. People, supra, the prior appeal, this court stated: