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PEOPLE v. MARCY

No. 80SA303.

628 P.2d 69 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ellsworth Fain MARCY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 26, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Kathleen M. Bowers, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Norman R. Mueller, Chief Appellate Deputy, Denver, for defendant-appellant.

QUINN, Justice.

This appeal challenges the constitutionality of subsection (1)(d) of the first degree murder statute, section 18-3-102, C.R.S. 1973 (1978 Repl. Vol. 8), which is commonly referred to as "extreme indifference murder." Ellsworth Fain Marcy (defendant) asserts that his conviction of first degree murder by extreme indifference under section 18-3-102(1)(d) violates equal protection of the laws, U. S. Const. Amend. XIV; Colo. Const. Art. II...

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