Swanson v. People

Swanson and Miller, hereinafter referred to as the defendants, upon a joint trial to the court were convicted of the crime of unnatural carnal copulation. See C.R.S. ’53, 40-2-31. Their motion for new trial was thereafter denied and each was duly sentenced to a term in the State Penitentiary. No writ of error seeking review of this judgment and sentence ever issued. <

Three years later the defendants, still in custody, filed a motion to vacate judgment and sentence under Rule 35 (b), Colo. R. Crim. P. The trial court summarily denied this motion, declining to cause notice of the filing of the…