GONZALES v. PEOPLE

No. 22958.

452 P.2d 46 (1969)

Eugene David GONZALES, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

April 1, 1969.


Attorney(s) appearing for the Case

Edward H. Sherman, Public Defender in and for the City and County of Denver, Truman E. Coles, Deputy Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Hoecker, Asst. Atty. Gen., Denver, for defendant in error.


DAY, Justice.

By information filed in June of 1966, the defendant was charged with the crimes of assault to murder, assault with a deadly weapon, and conspiracy. Following a jury trial, the defendant was found guilty of assault with a deadly weapon and sentenced to four to five years imprisonment.

A recital of the facts is necessary for an understanding of the points relied on in this writ of error.

Shortly after midnight on June 18, 1966, nineteen...

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