KURTZ v. PEOPLE

No. 23904.

494 P.2d 97 (1972)

Richard Lynn KURTZ and Epifanlo Jesus Barrlentos alias Jesse Barrientos, Plaintiffs 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

Epstein, Epstein & Lozow, Donald L. Lozow, Gary Lozow, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, David A. Sorenson, Asst. Attys. Gen., Denver, for defendant in error.


KELLEY, Justice.

The defendants were convicted of first degree murder and sentenced to life imprisonment. The homicide was committed at about three o'clock a.m. on November 16, 1967, at South Fork, Rio Grande County, Colorado, by three men as they were making their escape from a store following an aborted burglary.

At about two-thirty o'clock a.m. the owner of the store, who regularly left the lights on in the store all night, became aware that the store was...

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