GALLEGOS v. PEOPLE

No. 22190.

444 P.2d 267 (1968)

John Richard GALLEGOS and Alfred David Coca, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 6, 1968.


Attorney(s) appearing for the Case

Robert C. Cutter, Glenwood Springs, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., George E. DeRoos, Asst. Atty. Gen., Denver, for defendant in error.


HODGES, Justice.

The Rifle Hardware Store, Rifle, Colorado, was broken into during the night. Entry was gained by lifting a sky light on the roof of the building housing the store. Nothing was removed. However, several items of merchandise were moved from their place of display to the center of the store.

The police were summoned by the proprietor of an adjoining business, who heard footsteps on the common roof covering...

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