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PEOPLE v. DODD

No. 27574.

578 P.2d 1061 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Samuel James DODD, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 22, 1978.

Attorney(s) appearing for the Case

Paul Q. Beacom, Dist. Atty., Duncan W. Cameron, Marc P. Mishkin, Deputy Dist. Attys., Brighton, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Gene Beville, Deputy State Public Defender, Denver, for defendant-appellee.

Miller & Gray, P. C., Daniel C. Hale, David G. Eisner, Boulder, for amici curiae.

GROVES, Justice.

The defendant Dodd was charged with possession of narcotic drugs for sale (cocaine) under section 12-22-322(1)(a), C.R.S. 1973. He was acquitted of this charge and of the lesser included offense of possession of narcotic drugs under section 12-22-302, C.R.S.1973. The district attorney appealed pursuant to section 16-12-102, C.R.S.1973, challenging the correctness of a jury instruction. We disapprove.

A single issue is addressed: Should the...

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