PEOPLE v. FLANDERS

No. 25571.

516 P.2d 418 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Orville E. FLANDERS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 3, 1973.


Attorney(s) appearing for the Case

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

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellant.


KELLEY, Justice.

Defendant-appellant, Orville E. Flanders, was convicted by a jury of attempted burglary of a coin telephone contrary to 1967 Perm.Supp., C.R.S. 1963, 40-3-5(3)(a) and C.R.S. 1963, 40-25-1. We affirm.

The uncontroverted evidence presented by the People at trial showed that defendant was apprehended inside a telephone both while in possession of a hammer and a pry bar. There was debris on the floor of the booth, and the pay telephone therein...

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