MILLS v. PEOPLE

No. 19376.

362 P.2d 152 (1961)

Ernest Joseph MILLS, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied June 12, 1961.


Attorney(s) appearing for the Case

Joseph A. Myers, V. G. Seavy, Jr., Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., J. F. Brauer, Asst. Atty. Gen., for defendant in error.


SUTTON, Justice.

Defendant was charged by information with the premeditated murder of his wife, Mary Constance Mills, also known as Mary Martinez Mills, on May 14, 1957. He was convicted of the crime of second degree murder and sentenced to from thirty-eight years to life in the state penitentiary. He seeks review by writ of error.

This matter is before this court for the second time. On a previous writ of error a conviction of first degree murder was

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