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PEOPLE v. BORREGO

No. 26053.

529 P.2d 639 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Toby Lee BORREGO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 23, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellant.

GROVES, Justice.

This is an appeal from a conviction of second-degree assault under 1971 Perm. Supp., C.R.S. 1963, 40-3-203(1)(b). Diane Borrego, the defendant's former wife, testified: that on October 11, 1972, the defendant came to her home at about 4:30 in the afternoon, and asked her assistance in obtaining the release of his car from a police pound; that defendant told her that he was an escapee from the Colorado State Reformatory at Buena Vista; that there were...

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