BALLTRIP v. PEOPLE

No. 20562.

401 P.2d 259 (1965)

Glen Troy BALLTRIP, Plaintiff In Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

April 26, 1965.


Attorney(s) appearing for the Case

William P. Dixon, Denver, for plaintiff in error.

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


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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