People v. Casey

This defendant’s conviction of first-degree murder was previously appealed to this court. In People v. Casey, 185 Colo. 58, 521 P.2d 1250 (1974), we affirmed that conviction.

Thereafter, defendant filed a motion for post conviction relief pursuant to Crim. P. 35(b). The trial court was urged to reverse the judgment of conviction and to order a new trial on the sole ground that jury instruction No. 12, which defined manslaughter, was defective. The motion further asserts that the giving of this instruction deprived the defendant of his liberty without due process of law. The trial court denied…