instruction tendered by defendant on a lesser non-included offense in effect amends the information
How later courts described this case
- instruction tendered by defendant on a lesser non-included offense in effect amends the information
- where the evidence left little doubt that the defendant shot a gun, but there was some doubt as to his intent, the requested lesser non-included instruction was “particularly apropos”
- strict elements test used to determine whether an offense is lesser included
- statutory lesser included offense "mandates that the greater offense must establish every essential element of the lesser included offense"
Written by the judges who cited it.
Later courts went against this
Overruled in part by People v. Lowe, 660 P.2d 1261 (1983)
186 Colo. 24, 525 P.2d 431 (1974), overruled in part by People v. Lowe, 660 P.2d 1261 (Colo.1983).
The opinion
MR. CHIEF JUSTICE PRINGLE
dissenting.
I respectfully dissent.
I would adhere to the original opinion in this case.