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BERGER v. PEOPLE

No. 16203.

231 P.2d 799 (1951)

123 Colo. 403

BERGER v. PEOPLE.

Supreme Court of Colorado, in Banc.

Rehearing Denied May 14, 1951.

Attorney(s) appearing for the Case

Isaac Mellman, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., H. Lawrence Hinkley, Norman H. Comstock, Denver, John W. Metzger, Atty. Gen., Joseph E. Newman, Raymond B. Danks, Denver, for defendant in error.

HAYS, Justice.

John J. Berger, Jr., was convicted June 30, 1948, of the crime of murder, and death penalty imposed September 24, 1948. Thereafter, September 18, 1950, the sentence was affirmed in this court, 122 Colo. ___, 224 P.2d 228, and date of execution fixed for December 16, 1950. On December 12, 1950, Berger filed a motion in the trial court reciting the above facts, and also, "That the undersigned [his attorney] has seen the...

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