People v. Albers

This appeal arises from the same trial involved in People v. Warren, 196 Colo. 75, 582 P.2d 663 and People v. Girard, 196 Colo. 68, 582 P.2d 666, announced contemporaneously with this opinion. A complete statement of facts is contained in People v. Warren. Appellant Albers was convicted of conspiracy to commit robbery. We affirm.

The appellant’s sole contention on appeal is that since he was acquitted of the substantive robbery charge, and the “same fund of evidence” supported the conspiracy conviction, he must be acquitted of the conspiracy charge as well. We do not agree.

To convict one of…