People v. McCain

Opinion by

MR. JUSTICE LEE.

Defendant Marci McCain appeals her conviction of felony theft. 1971 Perm. Supp., C.R.S. 1963, 40-4-401. We reverse and remand with directions to dismiss the information.

The charge upon which conviction was based accused defendant of theft from the St. Andrews Memorial Church. The alleged theft occurred while she was acting as promoter of an arts festival sponsored by the church. Defendant was also charged with forgery, though this count was dismissed upon her motion for judgment of acquittal.

I

The events giving rise to the charges against defendant, as shown by the…