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PEOPLE v. HART

No. 82SA72.

658 P.2d 857 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Paul HART, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 28, 1983.

Attorney(s) appearing for the Case

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

J. Gregory Walta, Colo. State Public Defender, Deborah S. Waldbaum, Barbara Blackman, Deputy State Public Defenders, Denver, for defendant-appellant.

DUBOFSKY, Justice.

The defendant, Paul Hart, appeals his conviction in the Larimer County district court for assault on a police officer, contending that the lack of a culpable mental state in section 18-3-203(1)(f), C.R.S.1973 (1978 Repl.Vol. 8) (1982 Supp.)1 and the court's failure to instruct the jury on a culpable mental state deprived him of due process.2 Because...

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