MINGO v. PEOPLE

No. 23016.

468 P.2d 849 (1970)

J. B. MINGO, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 1, 1970.


Attorney(s) appearing for the Case

Donald P. MacDonald, Denver, L. Thomas Woodford, William M. Cohen, Boulder, for plaintiff in error.

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


KELLEY, Justice.

Defendant, J. B. Mingo, was charged and convicted of grand larceny; also, he was charged and convicted under the Habitual Criminal Statute, C.R.S.1963, 39-13-1. He was then sentenced to the penitentiary within the statutory limits of the penalties provided for both offenses.

Defendant was one of three individuals who participated in the alleged larceny. Inasmuch as the record shows that one of the other participants physically removed certain...

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