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PEOPLE v. LAHR

No. 79SA12.

615 P.2d 707 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Richard LAHR, Defendant-Appellee.

Supreme Court of Colorado.

August 25, 1980.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Amy S. Isaminger, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

No appearance for defendant-appellee.

DUBOFSKY, Justice.

The People appeal1 the trial court's dismissal of the attempted second-degree kidnapping charge after the prosecution had concluded its case, and the decision of the trial court to instruct the jury on misdemeanor menacing, a lesser included offense of felony menacing. We affirm in part and disapprove in part.

Shortly after midnight on April 30, 1978, the defendant stopped a passing car and braced his shotgun...

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