People v. Moore

Opinion by

MR. JUSTICE ERICKSON.

This appeal involves the crime of extortion and compels us to reconsider whether extortion not only falls within the theft statute (1967 Perm. Supp., C.R.S. 1963, 40-5-2), but also within the robbery statute (1967 Perm. Supp., C.R.S. 1963, 40-5-1). The defendant was convicted of simple robbery (1967 Perm. Supp., C.R.S. 1963, 40-5-1). The defendant contends that the crime he committed, if any, was theft, and not robbery, and that his motion for judgment of acquittal on the robbery charge should have been granted. We agree and reverse.

The Adams County sheriff’s…