People v. Paulsen

This is an appeal by the People from a judgment of acquittal entered by the trial court at the close of the People’s case. The defendant was charged in an information with the crime of “possession with intent to dispense a dangerous drug . . . in violation of 12-22-404, C.R.S. 1973.” The issues raised by this appeal are: (1) whether the trial court erred as a matter of law in granting the defendant’s motion for judgment of acquittal on the basis that section 12-22-404, C.R.S. 1973 (1978 Repl. Vol. 5), did not proscribe the crime charged; and (2) whether jeopardy attached. We disapprove of the…