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PEOPLE v. McPHERSON

No. 79SC275.

619 P.2d 38 (1980)

The PEOPLE of the State of Colorado, Petitioner, v. Martin J. McPHERSON, Respondent.

Supreme Court of Colorado.

Rehearing Denied September 22, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Morris, Asst. Atty. Gen., Denver, for petitioner.

J. Gregory Walta, Colorado State Public Defender, Denver, Richard D. Irvin, Deputy State Public Defender, Boulder, for respondent.

DUBOFSKY, Justice:

We granted certiorari in People v. McPherson, Colo.App., 601 P.2d 355 (1979), to consider the Court of Appeals' decision that the defendant, Martin J. McPherson, could not be convicted of felony menacing because he used an unloaded firearm. We reverse.

About 12:30 a. m. on April 19, 1977, the defendant entered the lobby of the University of Colorado dormitory, Stearns West, in the Williams Village...

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