ESPINOZA v. PEOPLE

No. 24720.

497 P.2d 994 (1972)

Henry Seferino ESPINOZA, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

June 5, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, T. Michael Dutton, Deputy State Public Defenders, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for defendant in error.


LEE, Justice.

Plaintiff in error, Henry Seferino Espinoza, was convicted by a jury in the Jefferson County District Court of burglary in violation of 1965 Perm.Supp., C.R.S. 1963, 40-3-5. We reverse the judgment of conviction.

The record shows that on January 9, 1969, at approximately 3 p. m., the residence at 600 Estes Street, Lakewood, Colorado, was burglarized by two men. The evidence established that a television set was taken from the premises during...

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