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PEOPLE v. DAVIS

No. 26068.

530 P.2d 499 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Otis L. DAVIS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 9, 1974.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., O. Otto Moore, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Richard W. Bangert, P. C., Wheat Ridge, for defendant-appellee.

PRINGLE, Chief Justice.

This is an appeal brought by the Denver District Attorney pursuant to the Colorado Code of Criminal Procedure, Colo.Sess.Laws, 1972, Ch. 44, 39-12-102 at 253, appealing a decision of the trial court upon a question of law.

On October 25, 1972, the defendant became involved in a barroom scuffle in which he shot and killed one Ben Ryan. He was charged by information with first-degree murder, and was ultimately found guilty by a jury of...

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