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PEOPLE v. MILLS

No. 26861.

557 P.2d 1192 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Frederick MILLS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 3, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., William J. Donlon, Jr., Felipe V. Ponce, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Lawrence M. Henry, Denver, for defendant-appellant.

CARRIGAN, Justice.

The defendant, originally charged with a "hard sale" of narcotic drugs,1 was convicted of a "soft sale" after the trial court submitted to the jury only that lesser included offense.2 We affirm.

Shortly after midnight on December 22, 1973, pursuant to a prior agreement with two co-defendants to purchase cocaine from their "connection," undercover officers met the defendant and the...

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