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PEOPLE v. HOEHL

No. 27369.

568 P.2d 484 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James R. HOEHL, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

September 6, 1977.

Attorney(s) appearing for the Case

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

Kelly, Haglund & Garnsey, Norman D. Haglund, Denver, for defendant-appellant.

LEE, Justice.

Defendant James R. Hoehl appeals his conviction for child abuse. We reverse and remand for a new trial.

Defendant was charged in a two-count information in Denver District Court with child abuse, section 18-6-401(1)(a), C.R.S. 1973, and first-degree assault, section 18-3-202 C.R.S.1973. He was acquitted of the assault charge.

Regarding the child abuse charge, the information alleged that:

"[b]etween the dates of February 20,...

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