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eBook details

• Title: People v. Shearer
• Author : Colorado Supreme Court
• Release Date : January 16, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Shearer entered a plea of not guilty and was tried before a jury. He was convicted by a jury and sentenced to life imprisonment. Life imprisonment was the maximum sentence, inasmuch as the defendant had not attained the age of eighteen at the time of his conviction. C.S.A. 1935, ch. 48, ? 32. In the course of the trial, his confession was introduced into evidence over defense counsels objection. The jury was not specifically instructed on the weight to be given to the defendants confession. Following conviction and the imposition of sentence, the defendant was advised by his counsel that if a motion for a new trial or an appeal were successful, a new jury at the time of retrial could inflict a death sentence. Shearer was also advised by his counsel that an appeal would cost at least $2,000. After consulting with his lawyer, the defendant wrote a letter to his lawyer, stating that he did not desire to seek a new trial. As a result, no motion for a new trial was filed, no transcript was ordered, and the defendant commenced service of his sentence.

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