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GONZALES v. COUNTY OF ARAPAHOE

No. 23267.

435 P.2d 384 (1967)

Joseph Henry GONZALES and Mary Lena Gonzales, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF ARAPAHOE and The Honorable Donald P. Smith, Jr., one of the judges of that Court, Respondents.

Supreme Court of Colorado, En Banc.

December 26, 1967.

Attorney(s) appearing for the Case

Kripke, Hoffman & Carrigan, Denver, for petitioners.

Martin P. Miller, Littleton, for respondents.

MOORE, Chief Justice.

This is an original proceeding in mandamus. The petitioners are named defendants in an information filed against them in the district court of Arapahoe county in which it is alleged that they illegally had possession of marijuana. In that action their counsel filed a "Motion for Return of Property Seized and for Suppression of Evidence." A search of the premises occupied by petitioner, under the authority of a search warrant issued pursuant to...

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