PEOPLE v. WALKER

No. 24989.

504 P.2d 1098 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Edward WALKER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearings January 8, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for plaintiff-appellee.

James G. Johnston, Denver, for defendant-appellant.


ERICKSON, Justice.

John Edward Walker was convicted of second degree murder and sentenced to the penitentiary. He has appealed his conviction to this Court. The conduct of the district attorney, in our opinion, requires us to reverse and to order a new trial.

After withholding evidence favorable to the defendant, the district attorney magnified his error in his argument to the jury. He argued to the jury that the defense had failed to produce the gun which...

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