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ZEILER v. PEOPLE

No. 20808.

403 P.2d 439 (1965)

George Edward ZEILER, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 15, 1965.

Attorney(s) appearing for the Case

Eugene Deikman, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Aurel M. Kelly, Special Asst. Atty. Gen., Denver, for defendant in error.

McWILLIAMS, Justice.

By direct information Zeiler, Mendoza and Nuanez were jointly charged with the crime commonly referred to as "assault with a deadly weapon." See C.R.S. '53, 40-2-34. Upon trial a jury determined that Zeiler was not guilty of assault with a deadly weapon, but at the same time adjudged him guilty of the lesser included offense of simple assault. See C.R.S. '53, 40-2-33. Mendoza and Nuanez, incidentally, were also found guilty of only simple assault...

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