PEOPLE v. AALBU

No. 83SA141.

696 P.2d 796 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gene Brian AALBU, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 1, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Linda J. Hotes, Deputy State Public Defender, Denver, for defendant-appellant.


QUINN, Justice.

The defendant, Gene Brian Aalbu, appeals his conviction of criminal solicitation to commit first degree murder. The issues which he raises include the claimed unconstitutionality of the criminal solicitation statute, § 18-2-301, 8 C.R.S. (1978), the failure of the trial court to sever charges and to suppress evidence, several evidentiary rulings made during the trial, the failure of the trial court to instruct the jury on the affirmative defense...

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