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PEOPLE v. SMITH

No. C-244.

510 P.2d 315 (1973)

The PEOPLE of the State of Colorado, Petitioner, v. Edward George SMITH, Respondent.

Supreme Court of Colorado, En Banc.

April 9, 1973.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., John A. Burns, Jerrie F. Eckelberger, Deputy Dist. Attys., Littleton, for petitioner.

W. E. Myrick, P. C., William E. Myrick, Denver, for respondent.

DAY, Justice.

This case is one of three consolidated for the purpose of examining 1969 Perm.Supp., C.R.S.1963, 13-5-30. Defendant Smith was convicted in the Arapahoe county court of "driving under the influence," 1969 Perm. Supp., C.R.S.1963, 13-5-30(1)(a).

On appeal the district court reversed the defendant's conviction on the ground that the county court erred in not instructing the jury on the lesser included offense of driving while ability is impaired...

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