MOORE, Chief Justice.
Plaintiff in error, who will be referred to as defendant, was accused of the crime of assault with a deadly weapon as defined by C.R.S.1963, 40-2-34. The jury returned a verdict of guilty and after motion for a new trial was heard and denied the court sentenced him to a term of eighteen months to three years in the state penitentiary.
The brief filed by counsel for defendant contains the following summary of the points relied upon for...
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