174 P.2d 719
No. 15,732.Supreme Court of Colorado.
Decided November 12, 1946.
Plaintiff in error was convicted of murder of the first degree and sentenced to imprisonment for life.
Reversed.
On Application for Supersedeas.
1. CRIMINAL LAW — Separation of Jurors — Garb of Prisoner. This case ruled by the decision in Eaddy v. People, 115 Colo. 488.
Error to the District Court of the City and County of Denver, Hon. Joseph E. Cook, Judge.
Mr. WALTER F. SCHERER, Mr. MORTON M. DAVID, for plaintiff in error.
Mr. H. LAWRENCE HINKLEY, Attorney General, Mr. DUKE W. DUNBAR, Deputy, Mr. JAMES S. HENDERSON, Assistant, for the people.En Banc.
MR. JUSTICE STONE delivered the opinion of the court.
DEFENDANT Bauer and one Ernest Eaddy were jointly convicted of murder of the first degree and sentenced to life imprisonment. Both have sought review in this court upon the same assignments of error, all of which are considered in the case of Eaddy v. People, 115 Colo. 488, 174 P.2d 717. Consequently, our decision in that case is applicable and controlling here.
Page 494
The judgment is reversed and the cause remanded for the reasons stated in Eaddy v. People, supra.
MR. JUSTICE ALTER, not having heard the argument, did not participate.