People v. Low

ERICKSON, Justice.

This is an appeal by the prosecution on a point of law following the acquittal of defendant Robert Eugene Low in a trial to the court on a charge of assault in the first degree and all lesser included offenses. The trial court found the defendant not guilty because the prosecution did not establish that the defendant had the required specific or general intent necessary to commit assault in the first, second, or third degrees. 1 See § 18-3-202 to -204, 8B C.R.S. (1986). The trial court acquitted the defendant because he had consumed an excessive amount of “HOLD” cough drops…