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PEOPLE v. COOKE

No. 26048.

525 P.2d 426 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph Theron COOKE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 6, 1974.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., Mike Bynum, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

Miller & Gray, P.C., Robert Bruce Miller, Boulder, for defendant-appellee.

ERICKSON, Justice.

The defendant was charged with possession of narcotics for sale. 1971 Perm. Supp., C.R.S.1963, 48-5-20. At the close of all the evidence, the People requested an instruction on the lesser included offense of possession of a narcotic drug, a felony. 1971 Perm.Supp., C.R.S.1963, 48-5-2, 48-5-20. Counsel for the defendant objected to the giving of the tendered instruction. The trial court ruled that the prosecution could obtain an instruction only...

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