PEOPLE v. SMITH

No. 25200.

510 P.2d 893 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael E. SMITH, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 4, 1973.


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, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, T. Michael Dutton, Deputy State Public Defenders, Denver, for defendant-appellant.


KELLEY, Justice.

The defendant was found guilty by the court (jury waived) of second-degree burglary and theft, in violation of 1967 Perm. Supp., C.R.S.1963, 40-3-5 and 40-5-2, respectively. Concurrent sentences were imposed. A full confession of the offenses was made by the defendant, and the central issue on this appeal is whether the People presented sufficient evidence, independent of defendant's confession, to establish that a crime was committed.

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