People v. Thompson

ERICKSON, Justice.

This is an appeal by the prosecution on a question of law pursuant to section 16-12-102, 8A C.R.S. (1985), to review the trial court’s entry of a judgment of acquittal on a charge of felony child abuse at the close of the prosecution’s case. We do not favor appeals by the prosecution where the sole issue is the sufficiency of the evidence to sustain a conviction. People v. Kirkland, 174 Colo. 362, 483 P.2d 1349 (1971). However, because granting the judgment of acquittal was an abuse of discretion, we disapprove the ruling.

The defendant, Terry Lee Thompson, was charged with…