Hollon v. People

Opinion by

Mr. Justice Pringle.

Earl L. Hollon (hereinafter referred to as the defendant) was convicted of aggravated robbery and sentenced from 8 to 15 years in the state penitentiary. The defendant alleges as error the failure of the trial court (1) to instruct the jury on the offense of simple robbery, and (2) to instruct the jury that failure to find the necessary element of intent must result in a verdict of not guilty. We agree with the first contention of the defendant, and we reverse the judgment of the district court.

I

It is the rule in Colorado that in a prosecution where aggravated…