Neighbors v. People

The defendant, Clifford R. Neighbors, was convicted by a jury of aggravated robbery, and was sentenced to the Colorado State Penitentiary for a period from thirty-five years to life. His conviction was affirmed by this Court on writ of error. Neighbors v. People, 161 Colo. 587, 423 P.2d 838. He subsequently filed a motion for vacation of the judgment under Crim. P. 35(b). A hearing was held and the motion was denied. The defendant brings this writ of error from that judgment.

The defendant contends that it was error for the trial judge to find (1) that a lineup in which defendant participated…