SHALLENBERGER, District Judge.
The defendant, John M. Black, Jr., plaintiff in error and defendant below, will be referred to herein as defendant.
On trial in the District Court for the County of Boulder on September 14, 1965, the defendant was convicted of the crime of burglary and sentenced to the State Penitentiary. Subsequent proceedings are reviewed in Black v. People, 166 Colo. 358,
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