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PEOPLE v. NOGA

No. 28118.

586 P.2d 1002 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Charles Frank NOGA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 27, 1978.

Attorney(s) appearing for the Case

Luis A. Lopez, Dist. Atty., Third Judicial Dist., Trinidad, for plaintiff-appellant.

No appearance for defendant-appellee.

PRINGLE, Justice.

Pursuant to section 16-12-102, C.R.S. 1973, the People appeal a judgment of the District Court of Huerfano County granting a judgment of acquittal notwithstanding the verdict. We hold that the trial court was in error in granting such a judgment. Accordingly, we reverse the judgment below and remand to the trial court with directions to reinstate the jury verdict.

Following an altercation at the Rio Cuchara Country Club on May 29, 1977, the...

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