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JOHNSON v. PEOPLE

No. 19329.

358 P.2d 873 (1961)

Vernon Lincoln JOHNSON, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

January 23, 1961.

Attorney(s) appearing for the Case

Dickerson, Morrissey & Dwyer, H. Malcolm Mackay, Michael F. Morrissey, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert G. Pierce, Asst. Atty. Gen., for defendant in error.

MOORE, Justice.

In the first count of an information filed in the trial court, plaintiff in error, to whom we will refer as defendant, was accused of first degree murder in that he, allegedly, did

"* * * wilfully, unlawfully, feloniously and deliberately and of his premeditated malice aforethought, kill and murder one Raymond J. McMaster * * *."

A second count alleged that defendant,

"* * * did make an assault upon Nicholas Lenarz, and then...

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