Duran v. People

Opinion by

Mr. Justice McWilliams.

This writ of error is another episode in what seems to be a continuing battle between Duran and one DeHerrera, the latter being a law enforcement officer in Conejos County. See Duran v. People, 147 Colo. 491, 364 P.2d 206 where Duran’s conviction for the simple assault of DeHerrera was affirmed.

In the instant case Duran was convicted by a jury of another assault upon DeHerrera, this time with a deadly weapon (C.R.S. ’53, 40-2-34), and by writ of error Duran now seeks a reversal of his two to five year sentence in the state penitentiary. It is Duran’s…