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PEOPLE v. ROBERTSON

No. 75-088.

543 P.2d 533 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Andre ROBERTSON, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 23, 1975.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., E. Ronald Beeks, Asst. Atty. Gen., for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Mary G. Allen, Deputy State Public Defender, for defendant-appellant.

Selected for Official Publication.

STERNBERG, Judge.

Defendant, a prisoner in the state penitentiary, was convicted of "introducing contraband in the first degree" in violation of § 18-8-203(1)(b), C.R.S.1973. In this appeal, he contends that the court erred in refusing to instruct the jury on the affirmative defense of "choice of evils" as defined by § 18-1-702(1), C.R.S.1973. While we agree that under certain circumstances such defense may well...

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