PEOPLE v. MARQUES

No. 25178.

503 P.2d 339 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Wilford Delano MARQUES, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 20, 1972.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Sara Duncan, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


PER CURIAM.

The defendant was convicted of burglary in the second degree.

At 2:00 a. m. one morning a man was observed inside the Floor Craft store in Colorado Springs. The police and the store owner were notified and found the defendant hiding among rows of carpeting. Two pry bars, which were not a part of the store's equipment, were found near double doors at the back of the building. There was no evidence that the pry bars had been used. Two or three desks...

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