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BUSTAMANTE v. DISTRICT COURT OF THIRD JUDICIAL DIST.

No. 18701.

329 P.2d 1013 (1958)

Ed BUSTAMANTE, Plaintiff, v. The DISTRICT COURT OF The THIRD JUDICIAL DISTRICT, State of Colorado; and The Hon. John N. Mabry, Judge Thereof, Defendants.

Supreme Court of Colorado, En Banc.

September 22, 1958.

Attorney(s) appearing for the Case

Carmel A. Garlutzo, Trinidad, for plaintiff.

Duke W. Dunbar, Atty. Gen. of State of Colorado, Frank E. Hickey, Deputy Atty. Gen., O. F. Adams, Dist. Atty. of Third Judicial District, Trinidad, for defendants.

SUTTON, Justice.

The parties will be referred to herein by name.

On February 28, 1955, a grand jury returned an indictment under C.R.S. '53, 40-19-3, which provided in pertinent part that:

"* * * Ed Bustamante, late of the County of Las Animas, State of Colorado, then and there being a duly elected officer * * *, to-wit, a duly elected * * * and acting County Clerk and Recorder of * * * the County of Las Animas * * *, did, between the dates of May...

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