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GONZALES v. PEOPLE

No. 23695.

477 P.2d 363 (1970)

George GONZALES, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

November 30, 1970.

Attorney(s) appearing for the Case

Edward H. Sherman, Public Defender, Truman E. Coles, Deputy Public Defender, Isaac Mellman, Sp. Asst. Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., George R. De-Roos, Asst. Atty. Gen., Denver, for defendant in error.

PRINGLE, Chief Justice.

This Writ of Error is brought by Gonzales, hereinafter referred to as the defendant, from his conviction and sentence for the crime of burglary. A second count of larceny was dismissed after the People's evidence. The record shows that one Charles Smith testified that in the early morning hours of July 28, 1967, he was waiting for his cousin in the 1400 block of Tremont Street in Denver. He heard a window break, turned and saw a leg sticking...

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