Armijo v. People

Armijo was convicted by a jury of the crime commonly referred to as assault with a deadly weapon, as such offense is defined in C.R.S. ’53, 40-2-34. Thereafter Armijo was sentenced to a term of from two to five years in the State Penitentiary and by the present writ of error he seeks reversal of this judgment and sentence. As ground for reversal Armijo urges, inter alia, that the trial court erred in refusing an instruction which he tendered concerning specific intent. Our review of the record convinces us that the trial court committed error in this regard, and because of this error by the…