HERNANDEZ v. PEOPLE

No. 20747.

396 P.2d 952 (1964)

Alex HERNANDEZ, alias Alex Gamboa, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied December 21, 1964.


Attorney(s) appearing for the Case

Caddes & Capra, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Asst. Atty. Gen., Denver, for defendant in error.


DAY, Justice.

Hernandez was found guilty by a jury of the crime of assault with a deadly weapon and was sentenced to the state penitentiary. As grounds for reversal of the judgment, he asserts: 1. That the trial court erred in submitting a verdict to the jury which was inconsistent with the information, it having been brought about by a pen and ink alteration, and 2. That the trial court erred in failing to grant a mistrial after the complaining witness had volunteered...

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