McWILLIAMS, Justice.
Raul Leopoldo Cruz, who will hereinafter be referred to by name or as the defendant, his two brothers, Cornelius Cruz and Thomas Cruz, and one Edward Vigil, were jointly charged with aggravated robbery and conspiracy to commit the same. Cornelius Cruz was tried separately, convicted of aggravated robbery and sentenced to the state penitentiary, which conviction was affirmed on writ of error to this Court. Cruz v. People, 147 Colo. ___,
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