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PEOPLE v. SPENCER

No. 25037.

512 P.2d 260 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Sherron F. SPENCER et al., Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 7, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Jack E. Hanthorn, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Haas & Watts, William L. Rice, Denver, for defendants-appellants Glen Keith Spencer and Olen A. Spencer.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellant Sherron F. Spencer.

ERICKSON, Justice.

The defendants were convicted of perjury, 1967 Perm.Supp., C.R.S.1963, 40-7-1, and conspiracy to commit perjury, C.R.S.1963, 40-7-35. On appeal, three of the issues which have been raised require discussion in depth.

This case is an outgrowth of a continuing disagreement between the Spencers and the Baders over disputed water rights. The case which is before us came about when Sherron Spencer charged his neighbor, Clay Bader, with assault...

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