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PEOPLE EX REL. McKEVITT v. DISTRICT COURT

No. 23746.

447 P.2d 205 (1968)

The PEOPLE of the State of Colorado ex rel. James D. McKEVITT, District Attorney of the Second Judicial District, State of Colorado, Petitioner, v. The DISTRICT COURT OF the SECOND JUDICIAL DISTRICT, State of Colorado, and Albert T. Frantz, one of the Acting Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

November 15, 1968.

Attorney(s) appearing for the Case

James D. McKevitt, Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., James W. Creamer, Jr., Chief Deputy Dist. Atty., Frederick A. Fielder, Jr., Deputy Dist. Atty., James M. DeRose, Deputy Dist. Atty., for petitioner.

Winner, Berge, Martin & Clark, Fred M. Winner, Denver, for respondents.

Edward H. Sherman, Public Defender, Truman E. Coles, Deputy Public Defender, David G. Manter, Asst. Public Defender, for intervenor.

Morgan Smith, Public Defender Adams County, amicus curiae.

McWILLIAMS, Justice.

By direct information Clarence R. English was charged in the Denver District Court with the crime of murder in the first degree. In response thereto, the public defender on behalf of English filed what he labeled as a "Motion for Bifurcated Trial." In that motion English asked that there be separate trials on the issue of guilt and punishment, and that these separate trials be held before different juries. In other words, English sought that he...

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