MONTOYA v. PEOPLE

No. 23116.

457 P.2d 397 (1969)

Patrick Joseph MONTOYA, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

July 28, 1969.


Attorney(s) appearing for the Case

J. Harrison Hawthorne, Canon City, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., James F. Pamp, Asst. Atty. Gen., Denver, for defendant in error.


LEE, Justice.

Plaintiff in error, Patrick Joseph Montoya, was convicted by a jury of the crime of larceny of a motor vehicle. By this writ of error he seeks reversal of the judgment.

Montoya contends the court erred in several particulars; however, in view of our disposition of the case, it is necessary only to consider the contention that the district attorney in his closing argument erroneously and prejudicially referred to and commented upon Montoya's failure...

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