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PEOPLE v. TILLEY

No. 25641.

520 P.2d 1046 (1974)

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

Supreme Court of Colorado, En Banc.

Rehearing Denied April 29, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Aurel M. Kelly, 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, Mary G. Allen, Deputy State Public Defenders, Denver, for defendant-appellant.

HODGES, Justice.

Defendant was convicted of causing a death while driving an automobile under the influence of alcohol, which is a felony. C.R.S.1963, 40-2-10. In this appeal, defendant's only contention is that the trial court erred in giving instruction No. 6 to the jury. We agree that the instruction was improper; however, the defendant did not object to the giving of this instruction. Under the evidence of this case...

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