PEOPLE v. MOYA

No. 25502.

512 P.2d 1155 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph Daniel MOYA, Defendant-Appellant.

Supreme Court of Colorado, In Department.

July 30, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Hackethal, McNeill & Aucoin, P. C., George C. Aucoin, Lakewood, for defendant-appellant.


LEE, Justice.

Joseph Daniel Moya (defendant) was convicted by a jury in the Jefferson County district court of attempted burglary in violation of C.R.S.1963, 40-25-1. We reverse.

The charge against defendant arose out of the following events. During the early evening hours of September 26, 1970, the office manager of Tiller's Moving and Storage in Arvada, who was working in the front office, heard noises which indicated to him that someone was trying to break...

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