People v. Gomez

In an information filed in the district court Ralph Gomez, alias Ralph Cruz, was charged with the -crime of burglary. On the day set for the trial of the- -clause, and at the conclusion of the opening statement of the district attorney, on motion of defendant’s counsel, the court directed the jury to return a verdict of not guilty, and defendant was discharged. The People bring the case to this Court by writ of error under the provisions of C.R.S. ’53, 39-7-27, seeking a disapproval of the trial court’s disposition of the cause.

The record shows that the district attorney in his opening…