PEOPLE v. CORNELISON

No. 26873.

559 P.2d 1102 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Roy O. CORNELISON, Defendant-Appellant.

Supreme Court of Colorado, In Department.

Rehearing Denied January 31, 1977.


Attorney(s) appearing for the Case

Edward G. Donovan, Sol. Gen., Denver, William L. Crosier, Asst. Dist. Atty., Greeley, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendant-appellant.


LEE, Justice.

Defendant Roy O. Cornelison appeals from his second-degree murder conviction. Finding prejudicial error, we reverse defendant's conviction and remand for a new trial.

Defendant was charged by information with first-degree murder. At trial, defendant admitted shooting the victim. He claimed self-defense and, further, raised the affirmative defense of intoxication. Section 18-1-804, C.R.S.1973.

In its instructions, the district court defined...

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