People v. Marquez

*257Defendant was convicted by a jury of sale of a narcotic drug with intent to induce or aid another to unlawfully use or possess the drug, in violation of C.R.S. 1963, 48-5-20.1 He was also found to be an habitual criminal under C.R.S. 1963, 39-13-1(1),2 having been previously twice convicted of felonies in Colorado. Defendant was sentenced to a term of not less than twenty nor more than thirty years in the state penitentiary. We affirm in part and reverse in part.

The charges against defendant arose out of the following circumstances, as established by the People’s evidence. On October 7, 1971,…