PEOPLE v. STROCK

No. 77-733.

600 P.2d 91 (1979)

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

Colorado Court of Appeals, Div. I.

Rehearing Denied June 28, 1979.

Certiorari Granted September 24, 1979.


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.

J. Gregory Walta, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


COYTE, Judge.

Defendant appeals his conviction of escaping from the Colorado State Penitentiary, contending that the trial court erred in refusing his tendered instructions on the defense of choice of evils, as set out in § 18-1-702, C.R.S.1973 (now in 1978 Repl. Vol. 8). We reverse.

We have previously held that the choice of evils defense is available in a prison escape situation where the prisoner is motivated by a definite, specific, and imminent threat...

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