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PEOPLE v. McPHERSON

No. 78-562.

601 P.2d 355 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Martin McPHERSON, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 16, 1979.

Certiorari Granted October 22, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., William Morris, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Richard D. Irvin, Deputy State Public Defender, Boulder, for defendant-appellant.

VAN CISE, Judge.

Plaintiff Martin J. McPherson appeals his conviction by a jury of menacing, a class 5 felony, under § 18-3-206, C.R.S.1973 (1978 Repl.Vol.8). We reverse.

Defendant had an altercation with another man in a bar in Boulder, Colorado. From the entrance of the bar, he saw the other person walking towards a dormitory on the University of Colorado campus. Defendant then walked home, obtained a rifle and a box of shells, and drove to the dormitory...

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