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PEOPLE v. LOVATO

No. 25141.

507 P.2d 860 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bennie Gilbert LOVATO, Defendant-Appellant.

Supreme Court of Colorado, In Department.

Rehearing Denied April 2, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Auer & Manzanares, James B. Lapin, Paul G. Smith, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was found guilty of attempted burglary in the second degree. 1967 Perm.Supp., C.R.S. 1963, 40-25-1 and 40-3-5(2). We affirm.

The jury retired to deliberate the case during the afternoon of June 24, 1970. At approximately 11:00 a.m. the following morning, the foreman of the jury sent a note to the court, which read as follows:

"We, the jury, have reached an inpast (sic) upon the verdict and cannot in all good conscience...

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