LEICK v. PEOPLE

No. 19069.

345 P.2d 1054 (1959)

Leroy Adolph LEICK, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Special Concurring Opinion November 16, 1959.

Rehearing Denied November 23, 1959.


Attorney(s) appearing for the Case

Charles Ginsberg, Denver, for plaintiff in error.

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


KNAUSS, Chief Justice.

This writ of error is prosecuted by plaintiff in error, herein referred to as defendant, to review a statutory proceeding under which is raised the issue of his sanity subsequent to conviction of first-degree murder and prior to the infliction of the death penalty decreed by the jury in the criminal case.

For reversal defendant contends that C. R.S. '53, 39-8-6(4) is unconstitutional in that the operation thereof deprives him of due...

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