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PEOPLE v. BUTCHER

No. 25415.

506 P.2d 362 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Frederick BUTCHER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 13, 1973.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Deputy State Public Defender, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

The defendant, William Frederick Butcher, was convicted of breaking and entering with intent to commit the crime of theft, in violation of 1967 Perm.Supp., C.R.S.1963, 40-3-5; and theft of over one hundred dollars ($100.00), in violation of 1967 Perm.Supp., C.R.S.1963, 40-5-2. In the process of instructing the jury on the crime of theft, the trial court erroneously omitted one of the two essential elements of that crime. The defendant maintains...

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