LUTZ v. PEOPLE

No. 17762.

293 P.2d 646 (1956)

Frank Edward LUTZ, Plaintiff In Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

February 14, 1956.


Attorney(s) appearing for the Case

Isaac Mellman, Gerald N. Mellman, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Norman H. Comstock, Asst. Atty. Gen., for defendant in error.


KNAUSS, Justice.

Plaintiff in error, herein referred to as defendant, was charged with the murder of his wife, Rose Mary Lutz. On motion of counsel for defendant, at the close of all the evidence, the question of first degree murder was withdrawn from consideration of the jury and the case submitted upon instructions embracing second degree murder, voluntary and involuntary manslaughter and excusable homicide. The jury returned a verdict finding defendant guilty of...

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