STERNBERG, Judge.
The defendant, James R. Hoehl, appeals his conviction of the offense of intentional and knowing child abuse as proscribed by § 18-6-401, C.R.S.1973. Because he had been acquitted of the companion charge of first degree assault at a previous trial Hoehl asserts in this appeal that the doctrine of collateral estoppel precludes his conviction on the child abuse charge. He also argues that the court erred in rejecting his theory of the case instruction...
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