MOORE, Chief Justice.
This action has already been before this court on two previous occasions. Plaintiff in error, hereinafter referred to as Cruz, was found guilty of aggravated robbery. The action involved an armed robbery committed on the premises of the Lake Shore Super Market in the City and County of Denver on February 28, 1959. On August 28, 1961, this court affirmed the conviction, Cruz v. People, 147 Colo. 528,
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