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PEOPLE v. ARCHULETA

No. 24996.

503 P.2d 346 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Harvey ARCHULETA, Defendant-Appellant.

Supreme Court of Colorado, In Department.

November 27, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Denver, Patricia W. Robb, Sp. Asst. Atty. Gen., for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy Public Defender, Thomas M. Van Cleave, III, Deputy Public Defender, for defendant-appellant.

PRINGLE, Chief Justice.

Defendant, Harvey Archuleta, was convicted of burglary and theft, in violation of 1967 Perm.Supp., C.R.S.1963, 40-3-5 and 40-5-2, respectively.

He appeals to this Court on two grounds. Defendant alleges (1) that Instruction No. 10 improperly instructed the jury on the elements of the crime of theft as defined in 1967 Perm.Supp., C.R.S.1963, 40-5-2, and, accordingly, his convictions for both theft and burglary must be reversed; and ...

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