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PEOPLE v. BOURG

No. 26387.

552 P.2d 504 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Wayne A. BOURG, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

July 26, 1976.

Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Justice:

Defendant was convicted by a jury of selling a narcotic drug "with intent to induce and aid another to unlawfully use and possess" the drug in violation of C.R.S. 1963, 48-5-20(1)(a) and (c)1 ("hard sale" statute). On appeal, defendant's principal claim is that the evidence is insufficient to sustain his conviction on this charge. We agree. The evidence, however, is sufficient to sustain his conviction on the lesser included...

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