People v. Bourg

Defendant was convicted by a jury of selling a narcotic drug “with intent to induce and aid another to unlawfully use and possess” the drug in violation of C.R.S. 1963, 48-5-20(1)(a) and (c) (“hard sale” statute). On appeal, defendant’s principal claim is that the evidence is insufficient to sustain his conviction on this charge. We agree. The evidence, however, is sufficient to sustain his conviction on the lesser included offense of unlawful sale of a narcotic drug, C.R.S. 1963, 48-5-2 2 (“soft sale” statute). Accordingly, we reverse and remand for resentencing.

The prosecution’s evidence…