PEOPLE v. MAES

No. 77-482.

583 P.2d 942 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eddie Silviano MAES, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified On Denial of Rehearing June 15, 1978.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David Schwartz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Larry Dean Allen, Canon City, for defendant-appellant.


KELLY, Judge.

Defendant, Eddie Silviano Maes, a prisoner in the state penitentiary, was convicted by a jury of possession of contraband in violation of § 18-8-204.1(1) and (2), C.R.S. 1973 (1976 Cum.Supp.). He appeals, contending that the trial court committed reversible error when it refused to submit to the jury instructions tendered by him on the affirmative defense of duress as defined by § 18-1-708, C.R.S.1973. We reverse.

The undisputed evidence...

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