People v. Mingo

The People appeal under the provisions of section 16-12-102, C.R.S. 1973, and request this court to consider whether the district court misconstrued the meaning of “knowingly” in the second-degree murder statute. The guarantee against double jeopardy precludes any retrial of the defendant, whom the jury acquitted on the charge of manslaughter.

The district court judge refused to instruct the jury as to second-degree murder on the grounds that the evidence was not sufficient to permit the jury to conclude beyond a reasonable doubt that the defendant knowingly caused the victim’s death. We…