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SCHWICKRATH v. PEOPLE

No. 21516.

411 P.2d 961 (1966)

John Herman SCHWICKRATH, 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

B. E. Schalow, Canon City, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Denver, Frank E. Hickey, Deputy Atty. Gen., James W. Creamer, Jr., Asst. Atty. Gen., for defendant in error.

FRANTZ, Justice.

Schwickrath was tried and convicted of the crime of felonious escape. He is here on writ of error alleging, in essence, that:

1. The trial court erred in overruling his motion to quash the information on grounds that conviction on the crime charged would amount to double jeopardy and double punishment, having received administrative punishment under C.R.S. 1963, 39-18-7 (C.R.S. '53, 39-18-4). 2. The trial court erred in refusing...

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