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PEOPLE v. SMITH

No. 78-220.

622 P.2d 90 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Carl A. SMITH and Tommy McClain, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearings Denied October 23, 1980.

Certiorari Denied January 5, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., David R. Purdy, Deputy Dist. Atty., Denver, for plaintiff-appellee.

John J. Gibbons, Jeb McNew, Denver, for defendant-appellant Smith.

J. Gregory Walta, Colo. State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for defendant-appellant McClain.

KELLY, Judge.

Carl Smith and Tommy McClain were convicted of felony murder and first degree sexual assault. On appeal, both defendants contend that the trial court should have granted their motions to sever. McClain alone challenges the jury selection process and the admission of photographs of the deceased. We affirm.

Both defendants contend that the trial court should have granted their motions to sever because evidence admissible against only one of the...

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