ABEYTA v. PEOPLE

No. 19371.

358 P.2d 12 (1960)

Henry ABEYTA, Jr., Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

December 23, 1960.


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., J. F. Brauer, Asst. Atty. Gen., for defendant in error.


FRANTZ, Justice.

By writ of error Abeyta seeks reversal of the judgment and conviction against him entered upon a verdict of guilty of a charge of assault in an attempt to commit robbery. As fulcra by which to effect a reversal, he urges two points, neither of which was presented to the trial court in the course of the trial. They were raised for the first time in the motion for new trial, which motion was denied.

It is said that error was committed (1) in...

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