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PEOPLE v. WEEKS

No. 28190.

591 P.2d 91 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James A. WEEKS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 19, 1979.

Attorney(s) appearing for the Case

William D. Harmsen, Jr., Dist. Atty., Reid C. Pixler, Michael R. Dodson, Deputy Dist. Attys., Delta, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Craig Truman, Chief Deputy Public Defender, Denver, Charles R. Greenacre, Deputy State Public Defender, Montrose, for defendant-appellee.

ERICKSON, Justice.

This appeal was taken by the prosecution to review an order dismissing five counts of an information which charged violations of section 18-9-111(1)(e), C.R.S.1973 (1976 Supp.) (telephone harassment). The order was entered after the defense filed a motion asserting that the telephone harassment statute was unconstitutional on its face because it was vague and overbroad and violated the defendant's First Amendment rights.

The defendant's...

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