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PEOPLE v. CALISE

No. 24762.

498 P.2d 1154 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Paul Frank CALISE, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 8, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Richard O. Pittam, Gerash & Kaiser, Walter L. Gerash, H. D. Reed, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was convicted of grand theft of a large number of shirts from a store in Fort Collins. No one saw him take the shirts, but the evidence was such that the jury could find that a short time after the taking he was in possession of them. The following instruction on circumstantial evidence was given:

"What is meant by circumstantial evidence in criminal cases is the proof of such facts or circumstances connected with or surrounding...

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