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PEOPLE v. BURRESS

No. 25477.

515 P.2d 460 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cyrus Jennings BURRESS, III, a/k/a Cy J. Burress, III, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 29, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Laurence A. Ardell, Pueblo, for defendant-appellant.

ERICKSON, Justice.

This appeal attacks the conviction and sentence which was imposed after a jury found the defendant, Cyrus Jennings Burress, III, guilty of assault with a deadly weapon. C.R.S.1963, 40-2-34. A number of issues have been raised on appeal. However, our resolution of the issues relating to the admission of evidence and prosecutorial misconduct requires that the defendant be granted a new trial and eliminates the necessity of our addressing the remaining...

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