LUNA v. PEOPLE

No. 21452.

421 P.2d 459 (1966)

Simon Peter LUNA, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

December 27, 1966.


Attorney(s) appearing for the Case

W. C. Kettelkamp, Jr., Pueblo, for plaintiff in error.

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


DAY, Justice.

We will refer to the plaintiff in error by name.

Luna was charged in separate counts in an information with the crimes of burglary, assault with a deadly weapon, assault to rape, and assault to murder. A trial was had to a jury. Luna was identified by the complaining witness as the person who gained admittance to her home and who viciously beat her with an electric iron. The theory of the defense was that it was not Luna who committed the crime...

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