MARTINEZ v. PEOPLE

No. 23141.

444 P.2d 641 (1968)

Flavio Paufilo "Sonny" MARTINEZ, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 3, 1968.


Attorney(s) appearing for the Case

Frank J. Anesi, Public Defender, Sixth Judicial District, Durango, 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.


MOORE, Chief Justice.

Plaintiff in error will be referred to as the defendant. Following a trial to a jury he was convicted of the crimes of burglary and conspiracy to commit burglary, and was sentenced to confinement for an indeterminate term (not to exceed five years), in the reformatory at Buena Vista, Colorado.

On writ of error to this court it is argued that the trial court erred in giving Instruction No. 12, which purported to set forth the statutory...

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