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GALLEGOS v. PEOPLE

No. 21424.

411 P.2d 956 (1966)

Paul Ralph GALLEGOS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 14, 1966.

Attorney(s) appearing for the Case

H. R. Harward, Frances H. Schalow, Canon City, for plaintiff in error.

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

FRANTZ, Justice.

Gallegos was tried on a charge of felonious escape under C.R.S.1963, 40-7-53, the germane part of which reads as follows:

"Any person after being found guilty of a felony by a court or jury or after pleading guilty to a felony who, while being held in a jail or while in the custody of any person lawfully having charge of him, escapes therefrom shall be deemed guilty of a felony and upon conviction shall be imprisoned in the state penitentiary...

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