SMALLEY v. PEOPLE

No. 17783.

304 P.2d 902 (1956)

Theodore William SMALLEY, alias Theodore Smalley, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied December 31, 1956.


Attorney(s) appearing for the Case

Edward H. Sherman, Max M. Glaston, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John W. Patterson, Asst. Atty. Gen., for defendant in error.


HOLLAND, Justice.

Plaintiff in error, to whom we will refer as Smalley, is now and has been confined in the state penitentiary since September 9, 1946. At that time, with a codefendant, he was charged with and convicted of burglary with and without force, and on account of a previous record, Smalley was charged in the information as an habitual criminal, having committed three previous felonies. Upon conviction he was sentenced under the habitual criminal act to life...

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