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eBook details

• Title: Whimbush V. People
• Author : Colorado Supreme Court
• Release Date : January 14, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The petitioner, Roy W. Whimbush, was convicted of criminal extortion pursuant to section 18-3-207(1), 8B C.R.S. (1986). The Colorado Court of Appeals affirmed his conviction in an unpublished opinion, People v. Whimbush, No. 90CA2071 (Colo. App. July 16, 1992). We granted certiorari to consider whether section 18-3-207(1) is unconstitutionally overbroad, whether the  trial court erred by denying a proposed jury instruction defining "threat," and whether the trial court erred by denying Whimbush's motion for judgment of acquittal when the prosecutor presented no evidence that Whimbush acted without legal authority. We hold that section 18-3-207(1) is unconstitutionally overbroad on its face.*fn1 We reverse and remand the case with directions.

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