PEOPLE v. SANTIAGO

No. 74-512.

554 P.2d 710 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mary Esther SANTIAGO, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 17, 1976.

Certiorari Granted September 13, 1976.


Attorney(s) appearing for the Case

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

Rollie R. Rogers, Colo. State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


Selected for Official Publication.

STERNBERG, Judge.

Defendant Mary Esther Santiago was found guilty by a jury of sale, and conspiracy to sell, a narcotic drug in violation of what are now § 12-22-322(1)(b) and § 18-2-201, C.R.S.1973. The principal issue on appeal is whether the court erred in refusing to submit to the jury a tendered instruction setting forth the so-called "procuring agent" theory. Since we decline to adopt the theory, we affirm...

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