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DAY v. PEOPLE

No. 20457.

381 P.2d 10 (1963)

Robert Edward DAY, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 13, 1963.

Attorney(s) appearing for the Case

Robert Edward Day, plaintiff in error pro se.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Aurel M. Kelly, Special Asst. Atty. Gen., Denver, for defendant in error.

MOORE, Justice.

Plaintiff in error will be referred to as defendant. An information was filed in the district court of El Paso county in which it was alleged that the defendant,

"* * * on the 7th day of January A.D. 1962, at the said County of EL PASO, did then and there feloniously, wilfully and of his malice aforethought, make an assault upon BLANCH SYLVIA DAY with a deadly weapon which he, said ROBERT EDWARD DAY, then and there had, with intent then and...

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