PEOPLE v. McCABE

No. 75-080.

546 P.2d 1289 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Karen Elaine McCABE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 8, 1976.


Attorney(s) appearing for the Case

Edward G. Donovan, Sol. Gen., Dan B. Fahrney, Michael B. Tully, Deputy Attys. Gen., Denver, for plaintiff-appellee.

Thomas H. May, Denver, for defendant-appellant.


Selected for Official Publication.

SMITH, Judge.

Defendant, who was convicted by a jury of theft, now seeks to overturn that conviction on the theory that she was precluded from presenting the testimony of alibi witnesses who would have conclusively established that she did not commit the crime charged. The appeal comes to us by virtue of the trial court's denial of defendant's motion for post-conviction relief under Crim.P. 35(b).

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