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PEOPLE v. WAY

No. 23039.

437 P.2d 535 (1968)

The PEOPLE of the State of Colorado, Plaintiff in Error, v. Theodore WAY, Defendant in Error.

Supreme Court of Colorado, En Banc.

February 26, 1968.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., James D. McKevitt, Dist. Atty., Marshall A. Fogel, James W. Creamer, Jr., Deputy Dist. Attys., Denver, for plaintiff in error.

No appearance for defendant in error.

MOORE, Chief Justice.

Theodore Way was charged with robbery and conspiring to commit robbery. Trial was to a jury which found him not guilty of robbery but found him guilty of conspiracy to commit robbery. Motion for Judgment of Acquittal and/or for New Trial was filed by counsel for Way, and after a hearing thereon the trial court sustained the motion and ordered that the defendant be discharged from custody. The trial court...

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