People v. Butcher

The defendant, William Frederick Butcher, was convicted of breaking and entering with intent to commit the crime of theft, in violation of 1967 Perm. Supp., C.R.S. 1963, 40-3-5; and theft of over one hundred dollars ($100.00), in violation of 1967 Perm. Supp., C.R.S. 1963, 40-5-2. In the process of instructing the jury on the crime of theft, the trial court erroneously omitted one of the two essential elements of that crime. The defendant maintains the trial court’s use of this erroneous instruction constituted plain error and requires this Court to reverse his convictions for both theft and…