PRINGLE, Chief Justice.
Glen Troy Balltrip, the defendant below, was convicted of the second degree murder of David Bath, aged three and one-half. Balltrip brings error from the judgment and sentence.
Balltrip and Donna Margret Bath were living as common law husband and wife in a rented house trailer in a trailer lot in Aurora, Colorado. Mrs. Bath had three children by prior marriages: Von 7, Jackie 2, and David. The record discloses that, on December 5, 1961...
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