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PEOPLE v. BUGARIN

No. 24980.

507 P.2d 875 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jesse S. BUGARIN, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 26, 1973.

Attorney(s) appearing for the Case

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

Gerash & Kaiser, Walter L. Gerash, H. D. Reed, Denver, for defendant-appellant.

ERICKSON, Justice.

Jesse S. Bugarin was charged with aggravated robbery, 1967 Perm.Supp., C.R.S. 1963, 40-5-1(2), and assault with intent to murder, C.R.S.1963, 40-2-34, both of which arose out of a single robbery in Denver. He plead not guilty and was tried to a jury. An eyewitness identified the defendant as the person who committed the robbery. By cross-examination, defense counsel sought to discredit the identification testimony. The identification issue was crucial...

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