Legal Opinion

People v. Clayton

Supreme Court of Colorado

Decided December 2, 1986No. 84SA530PublishedCited by 11 opinions

1Opinion of the Court

DUBOFSKY, Justice.

The People appeal the El Paso County district court’s dismissal of one count of felony theft filed against the defendant Charles Arthur Clayton. The district court ruled that theft as defined by statute or under the common law does not include a partner’s unauthorized taking of partnership property. We affirm the ruling of the district court.

I

In November 1979, Clayton and his wife Marvolene formed a partnership called Clayton Realty Company with Thomas and Donna Lee Gray. The Grays assumed a $40,000 debt and contributed an additional $20,000 in return for a 50 per cent share…

Also in this document: Dissent.

2Cases cited17 opinions

  1. People v. SobiekCalifornia Court of Appeal · 1973
  2. People v. JohnsonSupreme Court of Colorado · 1980
  3. Hucal v. PeopleSupreme Court of Colorado · 1971
  4. People v. Home InsuranceSupreme Court of Colorado · 1979
  5. State v. SiersNebraska Supreme Court · 1976

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. O'NEILLSupreme Court of Colorado · 1990
  2. People v. ZinkeNew York Court of Appeals · 1990
  3. State v. SylvesterSupreme Court of Iowa · 1994
  4. People v. KatzSupreme Court of Colorado · 2002
  5. Watt, Tieder, Killian & Hoffar v. United States Fidelity & Guaranty Co.Colorado Court of Appeals · 1992

6 more not listed; retrieve them via the Exa API.

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