¶1concurring in part and concurring in result in part.
¶2I concur with the majority except as to its treatment of the court's refusal to give an instruction on mistake of fact as a defense.
¶3The mistake Stanek urges upon us was not one of fact. It was a mistake of law. Accordingly, the instruction was properly refused since it was not supported by any evidence introduced at trial. I, therefore, concur in the result reached on this issue.