SMITH, Judge.
Defendant, Ron J. Erickson, was charged with theft, § 18-4-401, C.R.S. (1978 Repl. Vol. 8), based upon an alleged violation of the Contractor Trust Fund Statute, § 38-22-127, C.R.S. (1982 Repl.Vol. 16A). He appeals his jury conviction. We reverse and remand for a new trial.
The pertinent facts are essentially undisputed. The owner of property contracted with Erickson's construction company to construct an addition to his home. During...
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