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COLLIER CASE '») TrialiSli» •• inVerdict DueInis.Here Toda7VS(\rSJ\vllaKwwr-*0rlt;\\A jury in 72nd District Court! was to consider a verdict this afternoon in the robbery trial of Donald Dee Collier, 26, of Lubbock.Collier was declared sane by|u the same jury Thursday after-]elt;noon in another proceeding]^j which began Tuesday, jTAfter the verdict, which came ^ after two hours’ deliberation by the jury, Collier’s attorney, John O'Shea asked that the court impanel a new jury to try the armed robbery case.O’Shea claimed that the use of the jury that had sat for the sanity hearing was a violation of the defendant’s right to due C process of law. It is an unfair ju provision of the Texas Code of ill Criminal Procedure, he said,! that permits a jury to consider a !t! person’s sanity and then hear||( evidence in his criminal triaL Motion Overruled‘The jury has already spoken [ and declared itself on an issueoPss1s1P1)concerned in this trial,” O'Shea us:1taafoaIIIsaid in his motion.He said that fact “orientates ajury toward a conviction.”Judge William B. Shaver overruled the motion without comment.Assistant Dist. A tty. Blair Cherry Jr. put five witnesses on the stand before Judge Shaver recessed the trial until 9 a.m. to-( day. Cecil Penny of 2605 41st St.! testified that Collier and a com-; panion had pulled their car up to the United Supermarket, 20.4 N. University Ave., last Jan. 23 and gone inside wearing ski masks.Penny, a driver for Morton Foods, said he was in his truck outside the store and watched them. He drove off and flagged t down two Lubbock policemen, John G. Ledbetter and Jack Stevens.The policemen testified that (: they watched the store until*;he!p arrived, making sure no!one left, and then went inside to] assist in arresting the two]suspects, JC. L. Bolch, produce manager, testified that the two gunmen j made the employes and customers lie on the floor. Policemen appeared at the doorafter a few moments, he said. Customer To Testifyn\()VrfPf8
Newspaper Details
Lubbock Avalanche Journal
Lubbock, Texas, US
Fri, Nov 15, 1968
Page 86
Full Page
Clipped by
Myrna A.
USA 14 Sep 2020
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