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PEOPLE v. WOODS

No. 25360.

510 P.2d 435 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Nathaniel WOODS, also known as Nathaeniel Woods, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 29, 1973.

Attorney(s) appearing for the Case

Carl Parlapiano, Dist. Atty., Daniel J. Sears, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, R. D. Jorgensen, Deputy State Public Defender, Pueblo, for defendant-appellee.

PRINGLE, Chief Justice.

Defendant Nathaniel Woods was charged with second-degree burglary pursuant to 1967 Perm.Supp., C.R.S.1963, 40-3-5(2)(a). A trial to jury was commenced on September 28, 1971. At the close of the People's case, the defendant moved for a judgment of acquittal. The trial court, citing People v. Carstensen, 161 Colo. 249, 420 P.2d 820, ruled that defendant could not be found guilty of burglary since he had the authority...

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