PEOPLE v. ALLEN

No. 79CA0595.

628 P.2d 153 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gregory ALLEN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 19, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., R. Michael Mullins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

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


KIRSHBAUM, Judge.

Defendant appeals his conviction of theft claiming the evidence was insufficient to support the trial court's guilty verdict. We reverse.

Defendant and two companions were arrested on January 26, 1978, near a Westland May-D & F department store in an automobile which contained four coats with untorn May-D & F price tags. At trial a May-D & F employee testified that normally sales tags were torn when garments were sold, but that...

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