People v. Pacheco

Opinion by

MR. JUSTICE GROVES.

This is an appeal from convictions of menacing by use of a deadly weapon (1971 Perm. Supp., C.R.S. 1963, 40-3-206)1 and complicity to assault in the third degree (1971 Perm. Supp., C.R.S. 1963, 40-1-703 and 40-3-204).2 We affirm.

*501The victim, Robert Barrett, was tending bar in a tavern when the defendant entered it. As a result of an altercation involving the defendant, which occurred there approximately five weeks earlier, Barrett asked the defendant to leave. The defendant complied, but, according to Barrett, told Barrett that he would return and kill him.

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