PEOPLE v. CABUS

No. 80CA0128.

626 P.2d 1159 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Marcello CABUS, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 5, 1981.

Certiorari Denied April 20, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Joseph Saint-Veltri, Emerson B. Semple, Denver, for defendant-appellant.


STERNBERG, Judge.

Following a trial to the court, the defendant, Marcello Cabus, Jr., was convicted of conspiracy to dispense a dangerous drug. His principal contentions on appeal are: that there is no crime of attempting to dispense a dangerous drug, and alternatively, that if there is such an offense, the evidence did not establish that he had agreed to engage in criminal conduct, an essential element of a conspiracy charge. We affirm.

The case was tried...

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