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KRUTKA v. SPINUZZI

No. 20326.

384 P.2d 928 (1963)

John KRUTKA, as Sheriff of Pueblo County, Colorado, Plaintiff in Error, v. Joe SPINUZZI, Defendant in Error.

Supreme Court of Colorado. En Banc.

September 3, 1963.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Matt J. Kikel, Dist. Atty., 10th Judicial Dist., R. Allan Glover, Jon W. Burke, Deputy Dist. Attys., Pueblo, for plaintiff in error.

V. G. Seavy, Pueblo, for defendant in error.

McWILLIAMS, Justice.

By direct information Spinuzzi was charged with the unlawful and premeditated murder of one James Scott. To this charge Spinuzzi pled not guilty, and a jury trial ensued.

Upon trial, after the People had concluded its presentation of the evidence, Spinuzzi moved the court for a directed verdict of not guilty and as reason therefor argued that the evidence was legally insufficient to warrant submission...

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