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PEOPLE v. McKNIGHT

No. 76-326.

567 P.2d 811 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Allan McKNIGHT, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 26, 1977.

Certiorari Denied August 8, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John R. Rodman, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Towey & Zak, Stuart S. Keown, Edward B. Towey, Denver, for defendant-appellant.

PIERCE, Judge.

Defendant, Allan McKnight, appeals his conviction of embezzlement. We affirm.

I.

Defendant's first contention is that the trial court erred in not granting his motion for judgment of acquittal. We disagree.

Defendant was charged under § 18-8-407, C.R.S. 1973:

"Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property...

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