In Re the People of the State of Colorado v. Delbert Ray Vigil

Summary

The court held that whether an injury involves a substantial risk of death depends on the facts of the actual injury, not the general risk associated with the type of conduct or injury. Because the knife missed all vital structures in the victim's neck and caused only injuries requiring stitches, the evidence did not establish serious bodily injury for purposes of the completed first-degree-assault charge. The court made the rule to show cause absolute and remanded for further proceedings.