Fred Guadalupe Trujillo v. Harry C. Tinsley, Warden of the Colorado State Penitentiary

The trial court denied, without hearing, appellant Trujillo’s petition for ha-beas corpus relief from a judgment of a Colorado state court sentencing him for burglary and assault with intent to commit robbery. The Colorado Supreme Court affirmed the conviction (Trujillo v. People, Colo., 377 P.2d 948), and the United States Supreme Court denied certiorari (374 U.S. 849, 83 S.Ct. 1912, 10 L.Ed.2d 1069).

The prisoner urges that the evidence is insufficient because of the lack of a positive identification and because of an improper instruction on flight. Both of these grounds were urged in, and…