MARTIN v. PEOPLE

No. 24667.

499 P.2d 606 (1972)

William Clarence MARTIN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

July 31, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Deputy State Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for defendant in error.


KELLEY, Justice.

William Clarence Martin is here on writ of error challenging the correctness of his conviction of attempted theft.

The nature of the transaction, which resulted in the institution of the charge of attempted theft against the defendant, was established by the testimony of the alleged intended victims—Mullaney and McMahill. According to these two witnesses they were under the impression, by virtue of the conduct and statements of the...

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