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PEOPLE v. CARDWELL

No. 24796.

510 P.2d 317 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Douglas Edward CARDWELL, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

May 21, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., George E. DeRoos, George W. Boyle, II, 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, Randolph M. Karsh, Deputy State Public Defenders, Denver, for defendant-appellant.

KELLEY, Justice.

The defendant, William Douglas Edward Cardwell, and one Jerry Stilley were charged by information with (1) Escape in violation of C.R.S.1963, 40-7-53, and (2) Kidnapping in violation of C.R.S. 1963, 40-2-44. Both were tried and found guilty. The district attorney moved to dismiss the escape count, which the court granted. They were sentenced and brought this appeal. Pending this appeal, Stilley died and, as to him, the issues raised are moot.

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