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SCHWADER v. DISTRICT CT. IN AND FOR TENTH JUD. DIST.

No. 24820.

474 P.2d 607 (1970)

John Henry SCHWADER also known as John Schwader, Petitioner, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT, State of Colorado and the Honorable S. Philip Cabibi, one of the District Judges in and for the Tenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 5, 1970.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, Denver, J. E. Losavio, Jr., Pueblo, for petitioner.

Carl Parlapiano, Dist. Atty., Daniel J. Sears, Deputy Dist. Atty., Pueblo, for respondents.

HODGES, Justice.

This is an original proceeding under C. A.R. 21 by which the petitioner, John Henry Schwader, seeks a writ in the nature of prohibition to restrain the respondent District Court from holding a preliminary hearing on the charge of murder first filed in the county court against petitioner until a sanity hearing is held, pursuant to C.R.S. 1963, 39-8-6, which prescribes the procedure to be followed when an accused person becomes insane after the crime...

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