PEOPLE v. JOHNSON

No. 86CA0776.

750 P.2d 72 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Floyd M. JOHNSON, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 31, 1987.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia D. Jones, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rowe P. Stayton, Denver, for defendant-appellant.


PIERCE, Judge.

Defendant, Floyd M. Johnson, appeals the judgment of conviction entered following a jury verdict of guilty of attempted first degree murder. He contends that the evidence was insufficient to sustain a verdict of guilty, and that the trial court erred in denying his tendered instruction on the affirmative defense of abandonment or renunciation. We reverse.

The evidence established that, following a fight with a friend outside a bar where the...

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