People v. Martin

In this appeal, pursuant to section 16-12-102, C.R.S. 1973, the People seek disapproval of (1) the trial court’s dismissal of charges against the defendant for robbery and conspiracy to commit robbery and of (2) an instruction which was given. One of the grounds for dismissal of the robbery count was the court’s ruling that the defendant could not be considered a principal under the complicity statute since the person who actually committed the robbery was not named in that count. We disapprove of this ruling, but do not disapprove of the giving of the challenged instruction.

One evening the…