People v. Miller

The People appealed pursuant to section 16-12-102, C.R.S. 1973 (1978 Repl. Vol. 8) on a question of law whether the defendants may be convicted of both attempted theft by deception, sections 18-2-101 and 18-4-401 (l)(a), C.R.S. 1973 (1978 Repl. Vol. 8), and professional gambling, sections 18-10-103(2) and 18-10-102(8), C.R.S. 1973 (1978 Repl. Vol. 8). The case was tried to a jury and after the presentation of the People’s case, the trial court ruled that the charges of attempted theft by deception were premised upon inducing persons to gamble, which are facts which must be proven to establish…