Stilley v. People

This is a review of the trial court’s denial, after hearing, of a motion under Rule 35(b), Colo. R. Crim. P., filed jointly by the plaintiffs in error. Their motion, as amended, sought an order vacating the judgment and conviction and an order permitting the defendants to withdraw their pleas of guilty and enter pleas of not guilty.

The defendants were charged with murder in the first degree for the killing of one Darrell J. Suer in 1962. To this charge the defendant Scheer entered pleas of not guilty and not guilty by reason of insanity. The defendant Stilley entered a plea of not guilty. On…