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MENDEZ v. TINSLEY

No. 18654.

336 P.2d 706 (1959)

Elias S. MENDEZ, Plaintiff in Error, v. Harry C. TINSLEY, Warden of the Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 16, 1959.

Attorney(s) appearing for the Case

Mellman, Mellman & Thorn, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Norman H. Comstock, Special Asst. Atty. Gen., for defendant in error.

HALL, Justice.

Plaintiff in error was defendant below.

The record discloses that on February 15, 1955, with leave of court, an information, properly verified, was filed in the trial court charging that the defendant and one Trujillo

"did make an assault upon one Mrs. Claire Onofrio * * * with the intent * * * to rob * * *."

This charge is not designated by any number, and across the whole of it appear crossed lines in pencil; how, by whom...

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