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GARCIA v. PEOPLE

No. 23610.

473 P.2d 169 (1970)

John Ernest GARCIA, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

August 4, 1970.

Attorney(s) appearing for the Case

Levi Martinez, Pueblo, 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.

PRINGLE, Justice.

John Ernest Garcia, plaintiff in error, was shot by one Esther L. Frank when he attempted to make an unannounced and unauthorized entry into her home at 10:00 o'clock on the evening of March 15, 1967. He was arrested and charged with an attempt to wilfully and forcibly break and enter into the dwelling house of Esther Frank with intent to steal. Trial was to the court. Garcia did not cross-examine the witnesses for the People and neither took the...

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