LEE, Justice.
Plaintiff in error, Jose Esteban Martinez, was convicted of burglary and theft in the district court of Boulder County.
The record shows that on August 28, 1967, the day on which the offenses were committed, defendant Martinez, Albert Cordova, John Quintana and Henry Williams, all of whom were inmates of the Boulder county jail, were out of jail assigned to a county work program. During their noon break they proceeded to Shakey's Pizza Parlor...
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