Elliott v. People

Opinion by

Mr. Justice Day.

Plaintiff in error, hereinafter referred to as defendant, was charged with aggravated robbery and conspiracy to commit robbery. He entered pleas of not guilty and not guilty by reason of insanity. A first sanity trial was held under procedures prescribed in the statute, subsequently held to be unconstitutional in the case of People ex rel Juhan v. District Court, 165 Colo. 253, 439 P.2d 741 (1968). Thus a new trial on the issue of sanity was granted and defendant was found sane by a jury. Error is assigned in both the sanity trial and the trial on the merits. We…