Berger v. People

John J. Berger, Jr., was convicted June 30, 1948, of the crime of murder, and death penalty imposed September 24, 1948. Thereafter, September 18, 1950, the sentence was affirmed in this court (122 Colo. 367, 224 P. [2d] 228), and date of execution fixed for December 16, 1950. On December 12, 1950, Berger filed a motion in the trial court reciting the above facts, and also:

“That the undersigned [his attorney] has seen the defendant at the state penitentiary at Canon City some time during the month of May, 1950 and that at said time the defendant appeared to have become a lunatic or insane and…