PEOPLE v. DILLON

Nos. 78-1214, 79CA0136.

631 P.2d 1153 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ricky DILLON, Defendant-Appellant.

Colorado Court of Appeals, Division III.

Rehearing Denied February 26, 1981.

Rehearing Denied March 19, 1981.

Certiorari Granted July 13, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., John Daniel Dailey, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Harvey M. Palefsky, Deputy State Public Defender, Denver, for defendant-appellant.


KIRSHBAUM, Judge.

Defendant appeals his conviction by a jury of felony menacing. We reverse.

The record contains various descriptions of the events in question. The complaining witness, Margaret Driscoll, testified that she and defendant arrived simultaneously at a Colorado Springs service station and stopped their automobiles facing each other about two feet apart; that as she left her car to purchase some cigarettes defendant yelled at her to move her car...

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