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PEOPLE v. GILKEY

No. 25312.

507 P.2d 855 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. R. C. GILKEY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 2, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Jerry W. Raisch, George W. Boyle, II, Asst. Attys. Gen., Denver, for plaintiff-appellee.

H. D. Reed, Denver, for defendant-appellant.

ERICKSON, Justice.

The defendant, R. C. Gilkey, was tried jointly with another defendant on charges that were made following the burglary of a retail clothing store. The jury convicted the defendant of burglary, 1967 Perm.Supp., C.R.S.1963, 40-3-5; theft, 1967 Perm.Supp., C.R.S.1963, 40-5-2; and conspiracy, C.R.S.1963, 40-7-35. Gilkey's conviction is based upon circumstantial evidence. On appeal, he asserts that the evidence was insufficient to sustain his conviction...

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