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PEOPLE v. HILL

No. 96SC170.

934 P.2d 821 (1997)

The PEOPLE of the State of Colorado, Petitioner, v. Edwin D. HILL, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 7, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Laurie A. Booras, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner.

David F. Vela, Colorado State Public Defender, C. Keith Pope, Deputy State Public Defender, Denver, for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

We granted certiorari to review the decision of the court of appeals in People v. Hill, 920 P.2d 828 (Colo.App.1995), and decide whether a defendant is entitled to have the question of his sanity determined by a jury where he has presented no evidence of insanity. The trial court instructed the jury that the law presumes everyone to be sane and that the defense had failed...

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