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APPLICATION OF MONTEZ

No. 20115.

370 P.2d 154 (1962)

Application of Tom A. MONTEZ for a Writ of Habeas Corpus. Roy F. HARPER, as Chief of Police of the City of Pueblo, Plaintiff in Error, v. Tom A. MONTEZ, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 16, 1962.

Attorney(s) appearing for the Case

Gordon D. Hinds, John P. O'Rourke, Pueblo, for plaintiff in error.

No appearance for defendant in error.

HALL, Justice.

We will refer to the plaintiff in error as Pueblo and to the defendant in error as Montez.

On January 15, 1958, Montez was found guilty in the Municipal Court of Pueblo of violating certain ordinances of Pueblo, and a fine imposed upon him in the penal sum of $175.00.

Upon pronouncement of the judgment Montez advised the municipal judge that he intended to take an appeal. Within five days he delivered to the judge a written notice of...

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