PEOPLE v. SMITH

No. 82CA1327.

682 P.2d 493 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Calvin SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 26, 1984.

Certiorari Denied June 11, 1984.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Atty. Gen., Marie Volk Bahr, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Bender, Marks & Melonakis, Stanley B. Bender, Denver, for defendant-appellant.


TURSI, Judge.

The defendant, Calvin Smith, was charged with first degree assault, and with having committed a violent crime. The trial court instructed the jury on both charges and second degree assault, but rejected defendant's proffered instructions on self-defense, justifiable use of force, and third degree assault. The jury acquitted the defendant of having committed a violent crime, but convicted him of second degree assault.

The defendant is an RTD bus...

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