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PEOPLE v. LOVATO

No. 25015.

506 P.2d 361 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alfonso Ben LOVATO, Jr., Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 13, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., John E. Bush, Aurel M. Kelly, Sara Duncan, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Kenneth J. Russell, J. E. Losavio, Jr., Deputy State Public Defenders, Denver, for defendant-appellant.

ERICKSON, Justice.

Alfonso Ben Lovato, Jr. was duly convicted by a jury of the crime of burglary. 1967 Perm.Supp., C.R.S.1963, 40-3-5. After being sentenced to the pentitentiary, he appealed, asserting that the evidence was insufficient to sustain his conviction and claiming that his constitutional rights were violated. This is another in an almost endless chain of cases that must be determined on the basis of the validity of a defendant's statement to the police...

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