CAROLL v. PEOPLE

No. 24461.

494 P.2d 80 (1972)

Donald E. CARROLL, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 13, 1972.


Attorney(s) appearing for the Case

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

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


GROVES, Justice.

The defendant (Carroll) was convicted of first degree murder and sentenced to life imprisonment. We affirm.

At approximately 11:30 p. m., on February 24, 1969, one Richard M. Root died almost immediately following the infliction of a gunshot wound. This was in the parking lot of the Harem Lounge in Denver. He had been shot once by a .22 caliber weapon held against his chest.

Earlier in the evening, the defendant and the deceased were...

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