People v. Gilkey

The defendant, R. C. Gilkey, was tried jointly with another defendant on charges that were made following the burglary of a retail clothing store. The jury convicted the defendant of burglary, 1967 Perm. Supp., C.R.S. 1963, 40-3-5; theft, 1967 Perm. Supp., C.R.S. 1963, 40-5-2; and conspiracy, C.R.S. 1963, 40-7-35. Gilkey’s conviction is based upon circumstantial evidence. On appeal, he asserts that the evidence was insufficient to sustain his conviction and that the conduct of the district attorney requires reversal and a new trial. In addition, he claims that the court improperly instructed…