Brown v. People

Marion H. Brown, Jr., brings writ of error here from a judgment of the district court for the City and County of Denver refusing to grant him relief under Rule 35 (b), Colo. R. Crim. P.

In December, 1953, Brown was convicted of first degree murder as a result of a particularly brutal homicide and the penalty was fixed at death. With the aid of assigned counsel, Brown brought writ of error and that judgment was reversed and the case remanded for a new trial. Brown v. People, 130 Colo. 77, 273 P.2d 128.

On April 13, 1956, Brown was again convicted of first degree murder. This time the penalty was…