PEOPLE v. GREEN

No. 75-738.

553 P.2d 839 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Louis GREEN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

July 29, 1976.


Attorney(s) appearing for the Case

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

Rollie R. Rogers, Colorado State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for defendant-appellant.


Selected for Official Publication.

BERMAN, Judge.

Defendant appeals his conviction by a jury of second degree burglary. We reverse.

At the trial, the People sought to prove that defendant broke into a vacant house and removed a refrigerator which he loaded into the back of a pickup prior to a police officer arriving on the scene. Defendant conceded removing the refrigerator. His defense was that since he thought he had purchased the refrigerator several...

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