Serratore v. People

FRANCIS W. JAMISON, County Judge Retired*,

delivered the opinion of the Court.. Defendant Serratore, was convicted by a jury of second-degree burglary and theft. He urges reversal on several grounds, one of which has merit and requires reversal and a remand for a new trial.

The prosecution presented the following circumstantial evidence: Defendant and Bill Lange were in the town of Stratton, Colorado, the night the crime was committed. On the afternoon of the day before the burglary, the defendant had visited the burglarized store and walked around in the store for ten to fifteen minutes while…