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PEOPLE v. MARTINEZ

No. 27160.

553 P.2d 774 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Maxie MARTINEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 23, 1976.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Deputy Dist. Atty., Littleton, for plaintiff-appellant.

Myers, Woodford & Hoppin, Frederick J. Myers, Denver, for defendant-appellee.

HODGES, Justice.

Defendant Martinez was charged with first-degree assault as defined in section 18-3-202(1) (a), C.R.S.1973. He pled not guilty and the matter was tried to a jury. After the close of the People's evidence, the defendant made a motion for judgment of acquittal which was granted by the trial court.

The People appeal and assert that the trial court erred in granting the motion for judgment of acquittal because the People had presented substantial...

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