PEOPLE v. AUSTIN

No. 25825.

523 P.2d 989 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Leon AUSTIN, Defendant-Appellant.

Supreme Court of Colorado, In Department.

Rehearing Denied July 15, 1974.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Alvin D. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellant.


GROVES, Justice.

The defendant was convicted in the district court of theft of an automobile having a value of more than $100. We affirm.

The complaining witness, David Chambers, commenced drinking beer at about 6:00 p. m. at the home of a neighbor, Annie Bell. The defendant arrived there about 8:00 p. m. Around 9:30 p. m. the defendant and Chambers left in Chambers' automobile to get more beer and liquor. The defendant drove the car back to Annie Bell's at...

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