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PEOPLE v. TODD

No. 26209.

538 P.2d 433 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Clinton TODD and Thaylen Todd, Defendants-Appellants.

Supreme Court of Colorado, In Department.

July 14, 1975.

Attorney(s) appearing for the Case

John P. Moore, Former Atty. Gen., John E. Bush, Former Deputy Atty. Gen., J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., James S. Russell, Asst. Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendants-appellants.

ERICKSON, Justice.

Defendants, Clinton and Thaylen Todd, were convicted by a jury of theft by deception (1971 Perm.Supp., C.R.S.1963, 40-4-401)1 and conspiracy to commit theft (C.R.S.1963, 40-7-35).2 On appeal, the defendants assert as error: (1) The admission of a purchase refund check and testimony relating to a telephone call. (2) Violation of their right to remain silent by the prosecuting attorney's statement...

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