PEOPLE v. TAPIA

No. 25534.

515 P.2d 453 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard E. TAPIA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 29, 1973.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Aurel M. Kelly, Sara Duncan, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.


GROVES, Justice.

On the night of May 23, 1970, two rival groups of young people were in Estes Park and had been drinking. According to some testimony, the two groups were in a fight. The defendant, being in one of the groups, shot the victim, a member of the other group, and several months later the victim died as a result. The jury brought in a verdict of voluntary manslaughter. We reverse.

I

The defendant has presented two assignments of error...

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