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PEOPLE v. CORDOVA

No. 23729.

474 P.2d 615 (1970)

The PEOPLE of the State of Colorado, Plaintiff in Error, v. Jake Henry CORDOVA, Ernest Garcia and Wallace Samuel Briggs, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 21, 1970.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Denver, Frank F. Spiecker, Dist. Atty., Grand Junction, for plaintiff in error.

John W. Groves, Grand Junction, for Jake Henry Cordova and Ernest Garcia.

Keith Mumby, Grand Junction, for Wallace Samuel Briggs.

HODGES, Justice.

The defendants were charged by information with attempted burglary. Defendants Cordova and Briggs failed to appear for trial and defendant Garcia was tried alone. He was found guilty by the jury. The trial court thereafter granted a motion for acquittal of Garcia and also dismissed charges against all three defendants on the ground that the information filed by the district attorney was insufficient because it failed to state an offense. The motion...

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