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HUTTON v. PEOPLE

No. 24574.

494 P.2d 822 (1972)

Edward Lee HUTTON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

March 20, 1972.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Truman E. Coles, Asst. State Public Defender, Denver, Don L. Nelson, J. Noel Lohn, Deputy State Public Defenders, Fort Collins, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Hoecker, Asst. Atty. Gen., Denver, for defendant in error.

GROVES, Justice.

The defendant was convicted of burglary in the second degree. We reverse by reason of insufficiency of the evidence to show intent to commit the crime of theft at the time he entered the room involved.

Under 1967 Perm.Supp., C.R.S.1963, 40-3-5, the defendant was charged as follows:

"That . . . EDWARD LEE HUTTON did then and there unlawfully and wilfully, feloniously and maliciously, and without force enter a room known as Suite 33...

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