LARKIN v. PEOPLE

Nos. 23957, 24391.

493 P.2d 1 (1972)

Jerry E. LARKIN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 14, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, Deputy State Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Dorothy E. Binder, Special Asst. Atty. Gen., Denver, for defendant in error.


PRINGLE, Chief Justice.

Jerry E. Larkin, the defendant below in both actions, will hereinafter be referred to as Larkin. The Court has consolidated these appeals since both arise out of the same trial below.

Larkin, who was an inmate of the Colorado State Penitentiary, and a member of a work force which worked outside the prison walls, came under suspicion of smuggling narcotics into the prison. On April 19, 1967, upon re-entering the prison he was searched...

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