People v. Cornelison

Opinion by

MR. JUSTICE LEE.

Defendant Roy O. Cornelison appeals from his second-degree murder conviction. Finding prejudicial error, we reverse defendant’s conviction and remand for a new trial.

Defendant was charged by information with first-degree murder. At trial, defendant admitted shooting the victim. He claimed self-defense and, further, raised the affirmative defense of intoxication. Section 18-1-804, C.R.S.1973.

In its instructions, the district court defined specific intent and further instructed the jury that first-degree murder and the lesser included offenses of second-degree murder…