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MEDBERRY v. PATTERSON

No. 19166.

350 P.2d 571 (1960)

Ellsworth MEDBERRY, Plaintiff in Error, v. Wayne K. PATTERSON, Warden of the Colorado State Reformatory, and Harry C. Tinsley, Warden of the Colorado State Penitentiary, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 11, 1960.

Attorney(s) appearing for the Case

Samuel D. Menin, Denver, for plaintiff in error.

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

MOORE, Justice.

Plaintiff in error will be referred to as Medberry.

In order that the facts which form the background for this action may be properly understood in sequence, we direct attention to the first paragraph of the opinion in Medberry v. People, 107 Colo. 15, 108 P.2d 243, 244, where we find the following:

"Plaintiff in error, defendant below and so hereinafter designated, was charged in an information filed March 10, 1939, in the district...

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