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PEOPLE v. MARTIN

No. 27215.

561 P.2d 776 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Carl R. MARTIN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 4, 1977.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Thomas P. Casey, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee J. Belstock, Deputy State Public Defender, Alvin D. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellee.

GROVES, Justice.

In this appeal, pursuant to section 16-12-102, C.R.S.1973, the People seek disapproval of (1) the trial court's dismissal of charges against the defendant for robbery and conspiracy to commit robbery and of (2) an instruction which was given. One of the grounds for dismissal of the robbery count was the court's ruling that the defendant could not be considered a principal under the complicity statute since the person who actually committed the robbery...

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