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HERVEY v. PEOPLE

No. 24038.

495 P.2d 204 (1972)

Douglas L. HERVEY, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 27, 1972.

Attorney(s) appearing for the Case

Morgan Smith, Edward B. Towey, Denver, Kenneth J. Russell, Appellate Division, State Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., for defendant in error.

ERICKSON, Justice.

This writ of error is prosecuted by Douglas L. Hervey, who has been convicted of first degree murder by a jury. The evidence in this case was circumstantial and fragmentary. Errors which occurred in the trial require reversal and a new trial.

THE FACTUAL BACKGROUND

The defendant was charged with murder of a gas station attendant which occurred in a service station in Adams County, Colorado, at approximately 5:00 p. m. on June 17...

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