PEOPLE v. BRAKE

No. 26547.

553 P.2d 763 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Edward BRAKE, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

August 23, 1976.


Attorney(s) appearing for the Case

William H. Prendergast, Lakewood, for defendant-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.


PRINGLE, Chief Justice.

The appellant, Thomas Brake, brings this appeal from a conviction of assault in the first degree. We remand.

The appellant was arrested in the early morning hours of September 10, 1973, in connection with an assault on a young woman that had taken place earlier in the morning. The victim, Jane Candelario, had been assaulted at about 2:15 a. m. in the vicinty of East Third Avenue and Emerson Street, in the City and County of Denver,...

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