Cornelius Joseph Cruz was jointly charged with his brothers, Raul Leopoldo Cruz and Thomas Cruz, and one Edward Rudy Vigil, with so-called aggravated robbery and conspiracy to commit the same. Each of the four defendants pled not guilty, and the one defendant, Cornelius Cruz, entered an additional plea of "not guilty by reason of insanity at the time of the alleged commission of the crime," as provided in C.R.S. 53 (Supp.) 39-8-1. Pursuant to C.R.S. 53, 39-8-2, this defendant was forthwith committed to Colorado Psychopathic Hospital in Denver to be examined on an out-patient basis by a specialist in mental disease. In due time the examining doctor reported that in his opinion defendant was sane. Disappointed in the result of this examination, defendant through his court appointed counsel petitioned the court to commit him to the Colorado State Hospital at Pueblo for further mental examination. The court granted this petition and he was then transferred to the Colorado State Hospital. Defendant did not await the result of this examination, but promptly escaped from the hospital and remained at large for several months.
