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PEOPLE v. BURKE

Nos. 74-470, 74-521.

549 P.2d 419 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Ray BURKE, Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brett Rordan STALKUP, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 13, 1976.

Certiorari Denied May 3, 1976.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Janet Lee Miller, E. Ronald Beeks, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, T. Michael Dutton, Carol L. Gerstl, Deputy State Public Defenders, Denver, for defendants-appellants, Brett Rordan Stalkup and Donald Ray Burke.

Selected for Official Publication.

BERMAN, Judge.

On the evening of March 9, 1974, a Fort Collins bowling alley was burglarized. The burglars apparently made their entry through a roof ventilating duct and approximately $1,300 was taken. Following a police investigation, Jerry R. Harris, defendants-appellants Donald Ray Burke and Brett Rordon Stalkup were arrested in connection therewith and all three were subsequently tried jointly and convicted by a jury...

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