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PEOPLE v. MURDOCK

No. 75-937.

555 P.2d 849 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James Earl MURDOCK, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 16, 1976.

Certiorari Denied October 25, 1976.

Attorney(s) appearing for the Case

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.

Daniel B. Mohler, Colorado Springs, for defendant-appellant.

Selected for Official Publication.

VanCISE, Judge.

In 1970, defendant Murdock was indicted for first degree murder. He pled guilty and in 1971 was given a life sentence. Shortly after his imprisonment had commenced, he gave a statement to a correctional counselor at the penitentiary in which he related the details as to how he had committed the murder. Thereafter, his guilty plea was set aside by the Supreme Court in People v. Murdock, Colo.,

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