No. 19070.

351 P.2d 457 (1960)

Jerry Clyde SMITH, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

May 2, 1960.

Attorney(s) appearing for the Case

H. Ted Rubin, Denver, for plaintiff in error.

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

KNAUSS, Justice.

We shall refer to plaintiff in error as defendant, the position he occupied in the trial court where with one Keenan he was jointly charged with the murder of Clifford Gurley. A severance was granted and upon trial a verdict of guilty of second degree murder was returned against defendant. He was sentenced to a term in the state penitentiary and seeks review here by writ of error. Defendant assigns as error the denial of his motion for a directed...

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