People v. Fink

We granted certiorari to review the court of appeals’ decision in People v. Fink, 37 Colo. App. 512, 552 P.2d 529 (1976). The court of appeals ordered a new trial. We reverse and remand to the court of appeals with directions.

The respondent, Michael Anthony Fink, was charged with second-degree murder 1 following an altercation in which he caused the death of Lawrence Claus. 2 Conflicting testimony created a question of fact as to whether the respondent acted in self-defense.

The trial court instructed the jury on the second-degree murder charge and the lesser included offenses of reckless…