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PEOPLE v. DURBIN

No. 26140.

529 P.2d 630 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ronald Danny DURBIN, Defendant-Appellant.

Supreme Court of Colorado, In Department.

December 23, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Dwane L. Starlin, Aurora, for defendant-appellant.

ERICKSON, Justice.

The defendant, Ronald Danny Durbin, was convicted and sentenced for child abuse, which is statutorily defined as endangering the life or health of a child. C.R.S.1963, 40-13-1. Initially, he was also charged with mayhem (C.R.S.1963, 40-2-24), assault with intent to commit mayhem (C.R.S.1963, 40-2-34), and assault and battery (C.R.S.1963, 40-2-35). When the evidence was closed, the court granted the defendant's motion for a judgment of acquittal...

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