Neighbors v. People, 22033
| Decision Date | 14 February 1967 |
| Docket Number | No. 22033,22033 |
| Citation | 423 P.2d 838,161 Colo. 587 |
| Parties | Clifford Richard NEIGHBORS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
John G. Field, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., George E. DeRoos, Asst. Atty. Gen., Denver, for defendant in error.
Clifford Richard Neighbors was convicted of the crime of aggravated robbery as defined by C.R.S.1963, 40--5--1(2)(b). He was sentenced to a term of from thirty-five years to life imprisonment in the state penitentiary.
The single question presented as ground for reversal on this writ of error is: Whether there was sufficient evidence to support the verdict of the jury and the judgment entered thereon.
We have read the transcript of the evidence and the briefs filed by counsel, and have heard the oral arguments of attorneys for the defendant and for the people. The following language to be found in Wolfe v. People, 90 Colo. 102, 6 P.2d 927, and quoted with approval in Falcon v. People, 143 Colo. 173, 352 P.2d 310, is applicable to the instant action:
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The judgment is affirmed.
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... ... E.g., Godfrey v. People, 168 Colo. 299, 451 P.2d 291 (1969); Cokley v. People, 168 Colo. 52, 449 P.2d 824 (1969); Neighbors v. People, 161 Colo. 587, 423 P.2d 838 (1967); Balltrip v. People, 157 Colo. 108, 401 P.2d 259 (1965); Mitchell v. People, 24 Colo. 532, 52 P. 671 ... ...
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...province of the jury by making a re-determination on conflicting evidence. Duran v. People, 162 Colo. 419, 427 P.2d 318; Neighbors v. People, 161 Colo. 587, 432 P.2d 838; Balltrip v. People, 157 Colo. 108, 401 P.2d 259. The jury having apparently believed the testimony of the prosecuting wi......
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Neighbors v. People, 23872
...Penitentiary for a period from thirty-five years to life. His conviction was affirmed by this Court on writ of error. Neighbors v. People, 161 Colo. 587, 423 P.2d 838. He subsequently filed a motion for vacation of the judgment under Colo.R.Crim.P. 35(b). A hearing was held and the motion w......