Ballay v. People

Plaintiff in error, hereinafter referred to as the defendant, was convicted of the crime of second-degree murder following a trial during which the jury was instructed on the law as to first-degree murder. Motion for a new trial was filed and denied. The defendant was then sentenced to from twelve to twenty-five years in the state penitentiary.

The victim of the killing was one Juan Encinas who entered an employment agency in Denver about noon on December 10, 1962. A few seconds later the defendant entered the same place of business. Encinas proceeded toward the back of the room through a…