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PEOPLE v. MOORE

No. 25640.

518 P.2d 944 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert MOORE, Defendant-Appellant.

Supreme Court of Colorado, In Department.

February 4, 1974.

Attorney(s) appearing for the Case

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

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

ERICKSON, Justice.

This appeal involves the crime of extortion and compels us to reconsider whether extortion not only falls within the theft statute (1967 Perm.Supp., C.R.S.1963, 40-5-2), but also within the robbery statute (1967 Perm.Supp., C.R.S.1963, 40-5-1). The defendant was convicted of simple robbery (1967 Perm.Supp., C.R.S.1963, 40-5-1). The defendant contends that the crime he committed, if any, was theft, and not robbery, and that his motion for judgment...

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