SYMES, District Judge.
I have before me the motion of the defendant for a new trial, filed some time ago. The last brief, however, was not filed until early last month. Two grounds urged in support of the motion require serious consideration:
First, the refusal of the court to give the following instruction: "The court instructs the jury that under the Constitution of the state of Colorado, in this case, the jury are the sole judges of both the law and the...
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