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PEOPLE v. McNULTY

No. 25686.

519 P.2d 1195 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Guy McNULTY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 1, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Jack E. Hanthorn, Gregory L. Williams, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Brenman, Sobol & Baum, Melvin Rossman, Denver, for defendant-appellant.

LEE, Justice.

Appellant was convicted by a jury in the Denver district court of two felony counts in violation of 1965 Perm.Supp., C.R.S. 1963, 138-1-87(3)(b), which requires an employer to collect, account for, and pay over withholding taxes from wages paid to employees.

The statute under which appellant was convicted provides as follows:

"138-1-87. Interest and penalties.— * * * (3) (b) Any person required under this article to collect...

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