PEOPLE v. MINGO

No. 28103.

584 P.2d 632 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Betty J. MINGO, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 25, 1978.


Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief App. Deputy Dist. Atty., Denver, for plaintiff-appellant.

No appearance for defendant-appellee.


GROVES, Justice.

The People appeal under the provisions of section 16-12-102, C.R.S.1973, and request this court to consider whether the district court misconstrued the meaning of "knowingly" in the second-degree murder statute. The guarantee against double jeopardy precludes any retrial of the defendant, whom the jury acquitted on the charge of manslaughter.

The district court judge refused to instruct the jury as to second-degree murder on the grounds that...

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