PEOPLE v. McCLURE

No. 25820.

526 P.2d 1323 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Marvin R. McCLURE, Defendant-Appellant.

Supreme Court of Colorado, In Department.

September 30, 1974.


Attorney(s) appearing for the Case

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

H. D. Reed, Denver, for defendant-appellant.


GROVES, Justice.

The defendant was charged with and convicted of "the crime of theft by unlawfully taking money from the victim, Charolette F. Muilenburg, with the intent to permanently deprive said victim of the use and benefit of said property having a value of more than One Hundred Dollars ($100.00)." We find the evidence insufficient to support the verdict, and reverse.

In April 1971, a Mr. Eggers of Lakewood, Colorado received a long distance telephone...

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