concurring in part and concurring in result in part.
I 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.
The 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.