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PEOPLE v. WARE

No. 26062.

528 P.2d 224 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Lee James WARE, Defendant-Appellee.

Supreme Court of Colorado, In Department.

November 18, 1974.

Attorney(s) appearing for the Case

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

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lawrence J. Schoenwald, Deputy State Public Defender, Denver, for defendant-appellee.

DAY, Justice.

The People through the district attorney's office appeal a judgment of the Denver district court entering a directed verdict of not guilty by reason of insanity in a separate trial on that issue. We affirm the trial court.

Defendant Ware was charged with the premeditated murder of one Leonza Hargrove. He entered a plea of not guilty by reason of insanity. Pursuant to Colo.Sess.Laws 1972, ch. 44, 39-8-104 at 226 there was a bifurcated trial, the...

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