LOWE v. PEOPLE

No. 23931.

488 P.2d 559 (1971)

Walter S. LOWE and Vincent White, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

September 13, 1971.


Attorney(s) appearing for the Case

Myrick, Branney, Frickey & Criswell, William E. Myrick, Denver, Henry Blickhahn, Alamosa, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.


WILLIAM M. ELA, District Judge.*

Defendants Lowe and White were tried before a jury and convicted of second degree burglary and larceny of goods of value over $100. The issue we consider on appeal is whether there was improper coercion of the jury by the comments of the trial judge. The jury had deliberated four hours when the jury was brought into the courtroom. The following dialogue occurred...

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