People v. Stephens

This is an appeal by Robert Eugene Stephens, referred to herein as the defendant, who was convicted of aggravated robbery and assault with intent to rob in violation of 1967 Perm. Supp., C.R.S. 1963, 40-5-1 and C.R.S. 1963, 40-2-34. The defendant has urged reversal on the basis of three assignments of error. We find the record to be free of reversible error as to aggravated robbery and therefore affirm that conviction, but find error as to the conviction of assault with intent to rob and therefore reverse and dismiss as to that conviction.

On the evening of February 19, 1971, Emery Weeks was…