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VAN PELT v. PEOPLE

No. 23742.

476 P.2d 999 (1970)

Paul VAN PELT, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

November 23, 1970.

Attorney(s) appearing for the Case

Petrie, King, Woodrow & Roushar, Victor T. Roushar, Montrose, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.

DAY, Justice.

In Howard v. People, Colo., 477 P.2d 378, announced this date, we have reiterated the necessary elements to guide a trial court in determining whether it should instruct the jury on a lesser included offense. People v. Futamata, 140 Colo. 233, 343 P.2d 1058, is a case discussing in considerable detail the test involved.

Thus in this case no good purpose would be served in restating...

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