PEOPLE v. DARR

No. 74-418.

551 P.2d 735 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edwin DARR, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 15, 1976.

Certiorari Granted June 14, 1976.


Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Deputy Dist. Atty., Denver, for plaintiff-appellant.

No appearance by defendant-appellee.

Rollie R. Rogers, Public Defender, Thomas M. Van Cleave, III, Deputy Public Defender, Denver, amicus curiae.


Selected for Official Publication.

ENOCH, Judge.

Defendant was charged with attempted theft of property valued at $100 or more, and, at the conclusion of the People's evidence in a trial to a jury, the court found the evidence uncontradicted that at the time defendant purchased the goods they had never in fact been stolen. It thereupon ruled that defendant had acted under a mistake of fact and that he was therefore entitled to be acquitted as a matter of law...

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