PEOPLE v. SCHULTHEIS

No. 78-298.

618 P.2d 710 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Glen O. SCHULTHEIS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 31, 1980.

Certiorari Granted October 27, 1980.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Jeffrey Weinman, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Craig A. Murdock, Denver, for defendant-appellant.


BERMAN, Judge.

Defendant appeals his conviction by a jury of murder, in the first degree. We reverse.

While incarcerated in the Denver County Jail, defendant was charged with the murder of a fellow inmate. Defendant first pled not guilty by reason of insanity, but after a court-ordered psychiatric examination was made, pursuant to § 16-8-101, et seq., C.R.S.1973 (1978 Repl. Vol. 8), which concluded that defendant was sane, defendant withdrew the...

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