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PEOPLE v. BRISBIN

No. 24329.

488 P.2d 63 (1971)

The PEOPLE of the State of Colorado, Plaintiff in Error, v. Robert Lee BRISBIN, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 23, 1971.

Attorney(s) appearing for the Case

Wade A. Dillon, Dist. Atty., Cortez, for plaintiff in error.

Robert C. Duthie, Durango, for defendant in error.

DAY, Justice.

Review is sought by the People challenging as error an order of the District Court of Montezuma County, Colorado, granting defendant Robert Lee Brisbin's motion to waive trial by jury of the issue of insanity without first obtaining the consent of the district attorney as provided by the then applicable statute. 1965 Perm.Supp. C.R.S. 1963, 39-8-3(1). The trial court in trying the issue found the defendant insane and ordered him confined to the State...

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