GAITAN v. PEOPLE

No. 22730.

447 P.2d 1001 (1968)

Joseph Aguilar GAITAN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 6, 1969.


Attorney(s) appearing for the Case

Brenman, Ciancio, Rossman & Baum, Martin Zerobnick, Denver, for plaintiff in error.

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


GROVES, Justice.

The plaintiff in error, referred to as the defendant, was convicted of aggravated robbery and conspiracy to commit aggravated robbery, and was sentenced to concurrent terms of 45 to 60 years for the former and 8 to 10 years for the latter. The principal assignment of error is that the prosecution was permitted to claim surprise with respect to three of its witnesses and to attempt to impeach them with the use of their prior statements which were highly...

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