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PEOPLE v. MILLER

No. 26039.

529 P.2d 648 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James A. MILLER, 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., Donna A. Maranchik, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Stephen C. Rench, Natlie S. Ellwood, Henry V. Ellwood, Denver, for defendant-appellant.

DAY, Justice.

Defendant James Miller was found guilty of first-degree murder by a jury. This is an appeal from that judgment. We reverse and remand to the district court for a new trial.

The defendant, James Miller, shot his brother-in-law Ware on July 12, 1971. Ware's wife, an eyewitness, stated that she saw the defendant, with a gun in his hand, approach a car in which Ware was sitting. She was watching her husband alight from the car with his hands held...

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