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PEOPLE v. MAY

No. 25451.

511 P.2d 22 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Johnny Lee MAY, Defendant-Appellee.

Supreme Court of Colorado, In Department.

June 4, 1973.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Ellen J. Chestnutt, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

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

KELLEY, Justice.

The defendant, Johnny Lee May, was charged with two counts of assault with a deadly weapon, C.R.S.1963, 40-2-34. Trial was to the court. At the close of the People's evidence, the court granted defense motions for judgment of acquittal, both as to the assault charged and the lesser included offense of simple assault. The People appeal.

We noted in People v. Kirkland, 174 Colo. 362, 483 P.2d 1349 (1971), that...

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