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DARR v. PEOPLE

No. C-976.

568 P.2d 32 (1977)

Edwin DARR, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

August 15, 1977.

Attorney(s) appearing for the Case

Donald N. Pacheco, Denver, for petitioner.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, amicus curiae.

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Thomas P. Casey, Leland P. Anderson, Deputy Dist. Attys., Denver, for respondent.

HODGES, Justice.

Defendant Darr was charged with attempted felony theft by receiving jewelry valued at $100 or more. See sections 18-2-101 and 18-4-401, C.R.S. 1973. Trial was to a jury. At the close of the prosecution's case, the trial court granted the defendant's motion for judgment of acquittal. Pursuant to section 16-12-102, C.R.S. 1973, the district attorney appealed to the court of appeals which disapproved the trial...

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