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TILL v. PEOPLE

Nos. 28039, 28053.

581 P.2d 299 (1978)

Stacy TILL, Appellant, v. The PEOPLE of the State of Colorado, Appellee.

Supreme Court of Colorado, En Banc.

July 17, 1978.

Attorney(s) appearing for the Case

Dennis Michael Malone, Trinidad, for appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Denver, Edward G. Donovan, Sol. Gen., J. Stephen Phillips, Chief, Criminal Appeals, Asst. Atty. Gen., for appellee.

CARRIGAN, Justice.

Stacy Till, the appellant, was convicted by a jury of reckless manslaughter under C.R.S.1963, 40-3-104(1)(a),1 which was held unconstitutional in People v. Calvaresi, 188 Colo. 277, 534 P.2d 316 (1975). The People have confessed error on this point, and agree that the conviction must be set aside.

The appellant incorrectly asserts...

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