Lamb v. People, 24971
| Decision Date | 21 May 1973 |
| Docket Number | No. 24971,24971 |
| Parties | Gary Max LAMB and Guenther Manczur, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Bowman, Shambaugh, Geissinger & Wright, Arthur S. Bowman, Denver, for plaintiff in error, Gary Max Lamb.
Epstein, Lozow & Preblud, Gary Lozow, Denver, for plaintiff in error, Guenther Manczur.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty Gen., Jack E. Hanthorn, Asst. Atty. Gen., Denver, for defendant in error.
This appeal is from a conviction of theft of skis. Defendants Lamb and Manczur were jointly charged and tried, but having separate counsel on appeal were permitted to file separate briefs in this court. The appeals were consolidated for oral argument and for decision by the court.
The facts briefly were that Lamb and Manczur were observed in the Loveland Valley ski area taking a pair of skis belonging to the complaining witness in this case. They placed them inside their car and departed, driving over Loveland pass toward the eastern slope. On the pass, they were stopped by a state patrolman, and the skis were recovered from the car. After several conflicting explanations as to the unauthorized possession of the skis, the two youths stated they took a pair of skis belonging to someone unknown from the Arapahoe Basin ski area and took them over Loveland pass and locked them in a lock ski rack at Loveland Basin ski area. They then drove a short distance to Loveland Valley ski area and picked up the pair of skis belonging to the victim in this case and started back over Loveland pass toward Arapahoe Basin. They were stopped by the patrolman. They claimed they were moving the skis from one area to another as a joke or prank.
Defendants contend in their principal argument that the trial court erred as a matter of law in failing to grant a motion for judgment of acquittal in that the People had failed to prove the element of specific intent to steal. The argument is without merit. All of the elements of theft were present in this case by proof of the unauthorized taking and exercising of control over the property and from inferences to be drawn from their departing with the skis and their possession of them when apprehended. Defendants' explanations were heard by the jury, and their theory of the case that the episode was intended only as a prank was given to the jury by appropriate instructions. The jury did not accept the explanations and could infer from the circumstances that, had they not been overtaken and the skis recovered, they intended to and would have deprived the owner permanently of the property. As we said in Dodge v. People, 168 Colo. 531, 452 P.2d 759:
'As to the issue of whether the evidence is sufficient in fact to sustain defendant's conviction, we reiterate these established rules: the evidence, with reasonable inferences therefrom, must be viewed in the light most favorable to the jury's verdict; the jury is assumed to have adopted that evidence which supports its verdict; and, the jury having found the...
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