People v. Walker

ENOCH, Chief Judge.

Defendant was convicted by a jury of theft in violation of § 18 — 4-401(4), C.R.S. 1973 (1978 Repl. Vol. 8). He contends that the trial court erred in failing to grant a judgment of acquittal and improperly refused to give certain jury instructions. We affirm.

These facts are undisputed: A team of six Denver police officers, including one who was posing as a drunk, were positioned near the intersection of 15th and Welton Streets in downtown Denver around 10 p.m. on September 22,1977. The policeman pretending to be drunk was lying face down in the entryway to a “hock” shop…