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PEOPLE v. GALLEGOS

No. 79SA549.

628 P.2d 999 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Leroy Joe GALLEGOS, Defendant-Appellee.

Supreme Court of Colorado.

Rehearing Denied June 8, 1981.

Attorney(s) appearing for the Case

G. F. Sandstrom, Dist. Atty., Matthew Martin, Michael Kupecz, Deputy Dist. Attys., Pueblo, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, James England, Deputy State Public Defender, Denver, for defendant-appellee.

QUINN, Justice.

The People appeal from an order of the district court vacating a jury verdict of guilty to second degree murder1 and dismissing that charge against the defendant for the reason that section 18-3-103(2), C.R. S.1973 (1978 Repl. Vol. 8), which states that diminished responsibility due to the lack of mental capacity is not a defense to murder in the second degree, violates due process of law. We reverse and remand for further...

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