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PEOPLE v. CLAYTON

No. 84SA530.

728 P.2d 723 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Charles Arthur CLAYTON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 22, 1986.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Fourth Judicial Dist. and David H. Zook, Chief Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

David F. Vela, State Public Defender and Peggy O'Leary, Deputy State Public Defender, Denver, for defendant-appellee.

DUBOFSKY, Justice.

The People appeal the El Paso County district court's dismissal of one count of felony theft filed against the defendant Charles Arthur Clayton. The district court ruled that theft as defined by statute or under the common law does not include a partner's unauthorized taking of partnership property. We affirm the ruling of the district court.

I.

In November 1979, Clayton and his wife Marvolene formed a partnership called Clayton...

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