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MARTINEZ v. PEOPLE

No. 17702.

299 P.2d 510 (1956)

Besalirez MARTINEZ, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 13, 1956.

Attorney(s) appearing for the Case

Collins, Henry & Dolan, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Norman H. Comstock, Asst. Atty. Gen., for the People.

MOORE, Justice.

By information filed in the district court of Eagle county, plaintiff in error, to whom we will refer as defendant, was accused of the murder of Perfecto Cruz. Marcelino P. Gutierrez, a member of the bar of the State of New Mexico appeared for defendant on the day of arraignment, December 16, 1954. The record made in connection with the arraignment is in part as follows:

"Thereupon, the District Attorney asked leave of Court to arraign the...

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