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Key v. People1/31/1986
hatever which tends to support a conviction on a lesser included charge, the court is required to so instruct the jury, no matter how slight or unpersuasive that evidence may be. People v. Jones, Nos. 83SC401 & 83SC414 (Colo. Dec. 13, 1985); People v. Shaw, 646 P.2d 375 (Colo. 1982). Since the jury was properly instructed on the lesser included offenses, I am totally unpersuaded that a constitutionally deficient instruction on the critical element of intent in a first-degree murder case can be characterized as harmless error beyond a reasonable doubt.
Accordingly, I would reverse the judgment and remand to the court of appeals with instructions to vacate the conviction and remand the case to the district court for a new trial.
I am authorized to say that CHIEF JUSTICE QUINN and JUSTICE LOHR join me in this dissent.
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