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PEOPLE v. FRYSIG

No. 80SA76.

628 P.2d 1004 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald FRYSIG, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 15, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Greg Walta, Colorado State Public Defender, Michael J. Gallagher, Deputy State Public Defender, Denver, for defendant-appellant.

LOHR, Justice.

The defendant, Donald Frysig, was convicted of attempt to commit first-degree sexual assault, sections 18-2-101(1), C.R.S. 1973 (1978 Repl.Vol. 8) and 18-3-402, C.R.S. 1973 (1978 Repl.Vol. 8), as the result of a jury trial. In this appeal from that conviction, the defendant challenges the adequacy of the jury instructions and presents a question of first impression concerning the construction of our criminal attempt statute. Finding that the instructions...

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