Till v. People

Stacy Till, the appellant, was convicted by a jury of reckless manslaughter under C.R.S. 1963, 40-3-l04(1)(a), 1 which was held unconstitutional in People v. Calvaresi, 188 Colo. 277, 534 P.2d 316 (1975). The People have confessed error on this point, and agree that the conviction must be set aside.

The appellant incorrectly asserts, however, that reversal and remand for a new trial is required. Since, as we held in Calvaresi, the definition of reckless manslaughter contained all the elements of criminally negligent homicide, 2 the jury’s verdict was also a finding of guilt of that lesser…