People v. Horrocks

Appellant Doyle Horrocks appeals from his conviction of manslaughter. 1971 Perm. Supp., C.R.S. 1963, 40-3-104. We affirm the judgment of conviction and remand for resentencing.

The case arose out of an August 12, 1973, shooting in Durango, Colorado. In the early morning hours, appellant and two companions pulled into the parking lot of a restaurant. The appellant’s companions became involved in a scuffle with several Indians. The decedent, Kenneth Grey-eyes, was a member of this group of Indians. Shortly after the scuffle broke out, Greyeyes approached appellant, brandishing a tire iron.…