STEWART v. PEOPLE

No. 24098.

487 P.2d 371 (1971)

Richard STEWART, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

July 6, 1971.


Attorney(s) appearing for the Case

William J. Chisholm, Public Defender, City and County of Denver, Edward H. Sherman, Public Defender, City and County of Denver, Isaac Mellman, Sp. Asst. to Public Defender, Thomas M. Van Cleave III, Asst. Public Defender, for plaintiff in error.

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


OYER G. LEARY, District Judge.*

The plaintiff in error, hereinafter referred to as defendant, was convicted of aggravated robbery and sentenced to the state penitentiary. He seeks reversal on writ of error, alleging that the facts and circumstances surrounding the People's pre-trial and trial identification of defendant were so suggestive as to constitute a denial of due process under the Fourteenth Amendment and in derogation of his rights...

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