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PEOPLE v. CALVAREST

No. 25997.

534 P.2d 316 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Archie CALVARESI, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 5, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., David A. Sorenson, Gregory L. Williams, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.

GROVES, Justice.

This is an appeal from a conviction of manslaughter under 1971 Perm.Supp., C.R. S.1963, 40-3-1041. The defendant urges the unconstitutionality of a portion of the manslaughter statute and error in some instructions. We reverse and remand for a new trial.

On the night of August 7, 1972, the defendant left a union meeting and went to his home. He had recently moved, and in his back yard were tires, car rims, and...

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