GOMEZ v. PEOPLE

No. 22395.

424 P.2d 387 (1967)

Johnny Joe GOMEZ, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 6, 1967.


Attorney(s) appearing for the Case

Mellman, Mellman & Thorn, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Paul D. Rubner, Asst. Attys. Gen., for defendant in error.


McWILLIAMS, Justice.

Gomez was charged in a criminal information with feloniously, wilfully and maliciously breaking and entering "the building of Edith Rosamond, located at 2339 West 33rd Avenue with the intent then and there to commit a crime * * * ." (Emphasis added.)

To this charge Gomez pled not guilty, and upon trial a jury of his peers adjudged him guilty "as charged in the information." He was thereafter sentenced to a term in the state penitentiary...

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