People v. Sneed

Defendant, William M. Sneed, was charged with a violation of 1971 Perm. Supp., C.R.S. 1963,40-3-102, “Murder in the first degree,” as Count One of a criminal information. (The second count, not involved here, charged that defendant had seriously injured another person by means of a deadly weapon.) He moved to dismiss Count One, asserting that subsection (l)(a) of 40-3-102 was unconstitutional in that the requisite mental state could not be differentiated by court of jury from that of 40-3-103, “Murder in the second degree.” Defendant’s Motion to Dismiss was granted by the *98trial court, which…