Kurtz v. People

The defendants were convicted of first degree murder and sentenced to life imprisonment. The homicide was committed at about three o’clock a.m. on November 16, 1967, at South Fork, Rio Grande County, Colorado, by three men as they were making their escape from a store following an aborted burglary.

At about two-thirty o’clock a.m. the owner of the store, who regularly left the lights on in the store all night, became aware that the store was being burglarized. The owner’s wife telephoned Joe Stout, a neighbor, and asked him to come to *311their residence. The owner’s wife then proceeded to…