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LEE v. PEOPLE

No. 23169.

460 P.2d 796 (1969)

Harry Morgan LEE, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied November 24, 1969.

Attorney(s) appearing for the Case

William Chisholm, Edward H. Sherman, Public Defenders, Earl S. Wylder, Harry L. Hellerstein, Asst. Public Defenders, Denver, Colo., for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John W. Moore, Deputy Atty. Gen., Paul D. Rubner, Gene Cavaliere, Asst. Attys. Gen., Denver, Colo., for defendant in error.

PRINGLE, Justice.

Harry Morgan Lee (hereinafter referred to as the defendant) was convicted by a jury of larceny from the person. He seeks reversal of his conviction on the grounds that (1) use by the People of felony convictions more than five years old to impeach the credibility of the defendant as a witness denied him equal protection of the law; (2) the trial judge was in error in failing to grant a mistrial after the attorney

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