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PEOPLE v. PALUMBO

No. 26788.

555 P.2d 521 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert Lee PALUMBO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 12, 1976.

Attorney(s) appearing for the Case

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

Darol C. Biddle, James A. Carleo, Pueblo, for defendant-appellant.

GROVES, Justice.

The defendant, who was charged with manslaughter,1 was convicted of criminally negligent homicide2 as an included offense. We affirm.

The decedent walked across two lanes of vehicular traffic, hurrying to the median in order to avoid a car driven by the defendant. The defendant stopped his car, emerged, and approached the decedent. Some words...

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