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DIGIALLONARDO v. PEOPLE

Nos. 24116, 24213.

488 P.2d 1109 (1971)

Nicholas John DIGIALLONARDO, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. Antonio CICCARELLI, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied in 24213 October 12, 1971.

Attorney(s) appearing for the Case

Menin & Harthun, Samuel D. Menin and Carl L. Harthun, Denver, for Nicholas J. Digiallonardo.

Mellman, Mellman & Thorn, Isaac Mellman, Denver, for Antonio Ciccarelli.

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

RONALD J. HARDESTY, District Judge.*

Plaintiffs in error were tried together but have prosecuted separate appeals. The assignments of error being similar, they are hereby consolidated for decision. The plaintiffs in error will hereinafter be referred to as defendants or by name.

The facts adduced at trial reveal the following: In early September 1966 the victim, Kaylor Glasgow, received a telephone call from a friend, Jean Wilson...

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