PEOPLE v. CURTIS

No. 81CA0563.

657 P.2d 990 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Arthur CURTIS, Defendant-Appellant.

Colorado Court of Appeals, Division 2.

Rehearing Denied November 4, 1982.

Certiorari Granted January 24, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Allen, Foreman & Mueller, Norman R. Mueller, Susan L. Foreman, Denver, for defendant-appellant.


BERMAN, Judge.

Defendant appeals his conviction of assault in the first degree and the use of a deadly weapon. We reverse and remand for a new trial.

The victim was shot as he entered his home one afternoon. The identity of the assailant was at issue at trial with defendant presenting the defense of alibi.

The defendant did not testify on his own behalf at trial. However, at a hearing on an amended motion for a new trial, he testified that the decision...

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