MOORE, Chief Justice.
The above named plaintiff in error, hereinafter referred to as defendant, was acquitted of the offense of blackmail as defined by C.R.S. 1963, 40-12-1, but was convicted of having entered into a conspiracy to commit the crime of blackmail as thus defined. He was jointly charged with one Bruce J. Holway but the instant action was tried as to Larson alone. The statute defining the crime involved in this case reads as follows:
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