Davis v. People

Opinion by

Francis W. Jamison, County Judge Retired * .

Plaintiff in error, Jeff Davis, was convicted by a jury of theft under 1967 Perm. Supp., C.R.S. 1963, 40-5-2, and conspiracy to commit theft under C.R.S. 1963, 40-7-35.

Jeff Davis and Allen Sword were charged as co-defen dants with the crimes of theft and conspiracy to commit theft. Sword pleaded guilty and was the chief prosecution witness against plaintiff in error Davis. The prosecution presented only three witnesses.

Wayne Ellis testified that he owned a 1953 yellow Harley-Davis motorcycle. On the night of September 11, 1967, the…