Carlos E. Sanchez v. Gordon W. Heggie, Warden, Colorado State Penitentiary

HILL, Circuit Judge.

The United States District Court for the District of Colorado granted appellee, Carlos Sanchez, habeas corpus relief under 28 U.S.C. § 2254. The warden of the Colorado State Penitentiary has appealed. Appellee was convicted of statutory rape and first degree murder in Colorado state court. His conviction was affirmed by the Colorado Supreme Court which found no merit in the contention before us. People v. Sanchez, 518 P.2d 818 (Colo.1974). The issue is whether certain improper remarks in the prosecuting attorney’s closing argument were unconstitutional references to…