No. 23568.

478 P.2d 672 (1970)

Stella M. SAWYER, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

December 28, 1970.

Attorney(s) appearing for the Case

James T. Ayers, John L. Springer, Aurora, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Paul D. Rubner, Denver, Aurel M. Kelley, Asst. Attys. Gen., for defendant in error.

HODGES, Justice.

This writ of error is directed to the trial court's denial of Stella M. Sawyer's motion under Crim.P. 35(b) for post conviction relief. Defendant Sawyer alleged that her conviction and 15 to 20-year sentence on the purported charge of second degree murder, as set forth in count two of the indictment, should be vacated because this count did not lawfully charge her with second degree murder. Alternatively, her 35(b) motion alleged that the trial court...

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