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DUNCAN v. PEOPLE

No. 24597.

497 P.2d 1029 (1972)

Herbert B. DUNCAN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

May 30, 1972.

Attorney(s) appearing for the Case

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

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for defendant in error.

PRINGLE, Chief Justice.

Herbert B. Duncan, III, was apprehended for a traffic offense near Castle Rock, Colorado, on January 10, 1969. In addition to his own identification he was found to have in his possession the wallet and identification papers of one John F. Pendergast, Jr., which wallet and papers, it was later determined, had been stolen from Pendergast's automobile in Chicago in the fall of 1968. Following the arrest, the Colorado State Patrol advised the...

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