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SMALDONE v. PEOPLE

No. 20953.

405 P.2d 208 (1965)

Clarence SMALDONE, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 13, 1965.

Attorney(s) appearing for the Case

Edward S. Barlock, C. J. Berardini, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John E. Bush, Asst. Atty. Gen., Denver, for defendant in error.

McWILLIAMS, Justice.

Pursuant to subpoena Clarence Smaldone, hereinafter referred to either by name or as the witness, appeared before a grand jury then sitting in Jefferson County, which body according to the District Attorney had been empaneled to "probe gambling activities in the Denver Metropolitan area."

After being sworn the witness in response to questions propounded to him by the District Attorney gave only his name and address and then refused to...

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