People v. Cooke

The defendant was charged with possession of narcotics for sale. 1971 Perm. Supp., C.R.S. 1963, 48-5-20. At the close of all the evidence, the People requested an instruction on the lesser included offense of possession of a narcotic drug, a felony. 1971 Perm. Supp., C.R.S. 1963, 48-5-2, 48-5-20. Counsel for the defendant objected to the giving of the tendered instruction. The trial court ruled that the prosecution could obtain an instruction only on the offense actually charged and refused to give a lesser included offense instruction. The district attorney brings this appeal alleging error…