PEOPLE v. PARSONS

No. 79SA26.

610 P.2d 93 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Anneliese B. PARSONS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 12, 1980.


Attorney(s) appearing for the Case

J. D. McFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Morris, Asst. Atty. Gen., App. Section, Denver, for plaintiff-appellee.

J. Gregory Walta, Public Defender, Denver, Barney Iuppa, Special Deputy State Public Defender, Colorado Springs, for defendant-appellant.


ERICKSON, Justice.

The appellant was convicted by a jury of second-degree assault. Section 18-3-203(1)(c), C.R.S.1973 (now in 1978 Repl. Vol. 8). On appeal, under the facts of this case, we need only consider the failure of the trial court to give the appellant's theory of the case instruction which asserted that the appellant resisted arrest. There was sufficient evidence in the record to support the appellant's theory of the case instruction and the failure to give...

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