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PEOPLE v. MALCZEWSKI

No. 86SA285.

744 P.2d 62 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jerry MALCZEWSKI, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 2, 1987.

Attorney(s) appearing for the Case

Kurt P. Schulke, Dist. Atty., Robert H. Wheeler, Chief Deputy Dist. Atty., Georgetown, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellee.

QUINN, Chief Justice.

The question on this appeal is whether the district court erred in dismissing criminal charges of second and third degree assault on the basis that the defendant, Gary Malczewski, was immune from prosecution under section 18-1-704.5, 8B C.R.S. (1986), which under certain circumstances grants immunity to an occupant of a dwelling for using physical force against an unlawful intruder. We conclude that there is insufficient evidence to support the...

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