DUBOFSKY, Justice.
The defendant, David L. Weller, appeals his conviction of second degree assault under section 18-3-203(1)(b), C.R.S., after a jury trial in Denver District Court. We affirm the judgment.
On July 31, 1980, Gerald Fleming and his friend Jack Kassell went to the 7-11 at 2609 Federal Boulevard around 2:00 a.m. to purchase rolling papers. Upon learning that they were not sold at the 7-11, Fleming and Kassell returned to their car and found papers...
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