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BISHOP v. PEOPLE

No. 22196.

439 P.2d 342 (1968)

James Wilson BISHOP, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

April 15, 1968.

Attorney(s) appearing for the Case

Niel L. Good, Lakewood, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., James W. Creamer, Jr., Robert Hoecker, Asst. Attys., Gen., Denver, for defendant in error.

DAY, Justice.

James Wilson Bishop, whom we will designate as defendant, was convicted by a jury verdict of second degree murder. This writ of error is directed to a judgment and sentence of from 16 to 30 years in the state penitentiary.

The victim of the murder was Mark A. Yourtz, the three year old son of defendant's wife, Barbara June Bishop, by a former marriage. The defendant married Mark's mother on December 2, 1964. The

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