People v. May

Opinion by

MR. JUSTICE KELLEY.

The defendant, Johnny Lee May, was charged with two counts of assault with a deadly weapon, C.R.S. 1963, 40-2-34. Trial was to the court. At the close of the People’s evidence, the court granted defense motions for judgment of acquittal, both as to the assault charged and the lesser included offense of simple assault. The People appeal.

We noted in People v. Kirkland, 174 Colo. 362, 483 P.2d 1349 (1971), that “the purpose of appellate review is *31essentially two-fold: (1) to settle the controversy, and (2) to provide explanation of and to give clarity to questions of…