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MITCHELL v. PEOPLE

No. 22884.

459 P.2d 284 (1969)

Joseph Weldon MITCHELL, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

October 6, 1969.

Attorney(s) appearing for the Case

Jerry Alan Donley, Richard C. Webster, Colorado Springs, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., George E. DeRoos, Asst. Atty. Gen., Denver, for defendant in error.

GROVES, Justice.

The following matters are presented here: Allegedly a service station attendant was killed during a robbery attempted by defendant Mitchell, Nathan Whitmore and another. Defendant and Whitmore were charged with first degree murder. Whitmore testified at defendant's separate trial, incriminating both the defendant and himself, and possibly making capital punishment available. On cross-examination Whitmore stated that no promises had been made to him...

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