People v. Archuleta

Opinion by

MR. CHIEF JUSTICE PRINGLE.

Defendant, Harvey Archuleta, was convicted of burglary and theft, in violation of 1967 Perm. Supp., C.R.S. 1963, 40-3-5 and 40-5-2, respectively.

He appeals to this Court on two grounds. Defendant alleges (1) that Instruction No. 10 improperly instructed the jury on the elements of the crime of theft as defined in 1967 Perm. Supp., C.R.S. 1963, 40-5-2, and, accordingly, his convictions for both theft and burglary must be reversed; and (2) that the evidence is not sufficient to sustain a conviction. We agree with the first contention and therefore reverse on…