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NAHLER v. PEOPLE

No. 21323.

409 P.2d 508 (1966)

Donald Lee NAHLER, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 24, 1966.

Attorney(s) appearing for the Case

John A. Kintzele, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., James W. Creamer, Jr., Asst. Atty. Gen., Denver, for defendant in error.

PRINGLE, Chief Justice.

Donald Lee Nahler, plaintiff in error, was charged in the trial court with passing a fictitious check in violation of C.R.S. '53. 40-6-8 and was sentenced to the penitentiary. From that judgment he brings writ of error here. He will be referred to either by name or as defendant.

The information upon which Nahler was charged and convicted was filed on November 1, 1962 and reads in pertinent part as follows:

"On the tenth day...

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