People v. Holloway

The People appeal from an order of Mesa County District Court dismissing an information against appellee Jimmie Lee Holloway for theft by receiving, section 18-4-410, C.R.S. 1973 (1976 Supp.). The district court dismissed the information on the ground that the statute is vague and overbroad, thus unconstitutional. We reverse and remand with directions that the information be reinstated.

The facts relevant to this appeal are undisputed. An undercover police officer approached appellee, said he had recently stolen a pistol, and offered to sell it. Appellee bought the pistol and was later…