(425 P.2d 34)
No. 22701.Supreme Court of Colorado.
Decided March 20, 1967.
Defendant was convicted of feloniously, wilfully and maliciously breaking and entering a particular building with intent then and there to commit a crime and conspiracy, and brought error.
Reversed.
Error to the District Court of the City and County of Denver, Honorable Don D. Bowman, Judge.
Virginia Malloy, for plaintiff in error.
Duke W. Dunbar, Attorney General, Frank E. Hickey, Deputy, John P. Moore, Assistant, for defendant in error.
En Banc.
PER CURIAM.
Page 208
The issues submitted to this court upon this writ of error are the same as those resolved in Gomez v. People, 162 Colo. 77, 424 P.2d 387. The attorney general has confessed error and joins in request for reversal.
Upon the authority of Gomez, supra, the judgment in the instant case is reversed.