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PEOPLE v. TUCKER

No. 79SA311.

631 P.2d 162 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank G. E. TUCKER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

July 13, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Lynne Ford, John Daniel Dailey, Asst. Attys. Gen., Litigation Section, Denver, for plaintiff-appellee.

Haddon, Morgan & Foreman, Harold A. Haddon, Denver, for defendant-appellant.

LEE, Justice.

Defendant, Frank G. E. Tucker, the former district attorney for the Ninth Judicial District, was indicted on twelve counts of embezzlement of public funds, section 18-8-407, C.R.S. 1973 (1978 Repl. Vol. 8),1 and one count of felony theft, section 18-4-401, C.R.S. 1973 (1978 Repl. Vol. 8).

The defendant moved for a severance and separate trial as to each separate transaction. The court denied the motion for separate...

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