People v. Larkin

Defendant, Michael John Larkin, was indicted by the grand jury for Boulder County on June 16, 1971 for (1) having an incendiary device under his control contrary to 1971 Perm. Supp., C.R.S. 1963, 53-7-12,1 and (2) conspiring to possess explosives or incendiary devices contrary to C.R.S. 1963, 40-7-35. Defendant was convicted by a jury. The defendant maintained in the trial court and asserts here that the statute on which both counts were based was enacted contrary to Article V, Section 7 of the Constitution of Colorado. We agree and therefore reverse and remand the case.

*365The challenged section…