MULLARKEY, Justice.
In this appeal, the People challenge the trial court's judgment entering a verdict against the defendant of guilty of assault in the second degree, a class 1 misdemeanor defined by section 18-3-203(2)(a), 8B C.R.S. (1986), after the jury was unable to determine whether the defendant acted in the heat of passion. The People are appealing a question of law pursuant to section 16-12-102(1), 8A C.R.S. (1986), and the appeal is properly before this...
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