BERTALOTTO v. PEOPLE

No. 24634.

488 P.2d 1100 (1971)

Jimmie Raymond BERTALOTTO, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

September 20, 1971.


Attorney(s) appearing for the Case

Johnson & McLachlan, George McLachlan, Lamar, Kripke, Carrigan & Dufty, P. C., Jim R. Carrigan, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for defendant in error.


DAY, Justice.

Plaintiff in error, hereinafter referred to as defendant, was convicted of second degree murder for the fatal shooting of Glenna Piatt, and sentenced to the penitentiary for a period of sixty years to life. This judgment is before us for review on writ of error.

The first and decisive question presented is whether the trial court erred in refusing to allow the jury to consider a verdict of involuntary manslaughter. Proper instructions on that...

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