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PEOPLE v. WESTFALL

No. 25898.

522 P.2d 100 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cecil WESTFALL, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 3, 1974.

Attorney(s) appearing for the Case

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

William E. Bohlender, Greeley, for defendant-appellant.

DAY, Justice.

This is an appeal from a conviction for theft, 1967 Perm.Supp., C.R.S.1963, 40-5-2. Because the evidence did not prove the crime as charged, we reverse.

Defendant Westfall was charged in an information which alleged that he

"did commit the crime of theft by unlawfully and feloniously taking a thing of value of Hubbard Rinearson of the value of more than one hundred dollars ($100.00), namely, currency; * * *."

The facts...

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