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PEOPLE v. COLE

No. C-1341.

584 P.2d 71 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Petitioner, v. Doyle Kenneth COLE, Defendant-Respondent.

Supreme Court of Colorado, En Banc.

Opinion and Dissenting Opinions Adhered To On Rehearing Granted September 18, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Deborah L. Bianco, Asst. Atty. Gen., J. Stephen Phillips, Chief, Crim. App. Section, David H. Zook, Deputy Dist. Atty., Denver, for plaintiff-petitioner.

Walter L. Gerash, P. C., Jeffrey A. Springer, Denver, for defendant-respondent.

ERICKSON, Justice.

The defendant, Doyle Kenneth Cole, was charged in an information with the sale of a narcotic drug (heroin) and conspiracy to sell a narcotic drug with the intent to induce or aid the unlawful use or possession ("hard sale"). Trial to a jury resulted in the defendant's conviction of conspiracy to sell a narcotic drug and of the lesser included offense of "soft sale." The court of appeals reversed the convictions and ordered a new trial in People...

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