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PEOPLE v. LEAHY

Nos. 24777, 24856.

484 P.2d 778 (1970)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Francis John LEAHY, Randall Schubert, Jakie Darlene Smith and Donald Sterkel, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

December 28, 1970.

Attorney(s) appearing for the Case

Stanley F. Johnson, Dist. Atty., Ralph S. Josephsohn, Deputy Dist. Atty., Boulder, for plaintiff-appellee.

Peter H. Ney, Englewood, for defendant-appellant Jakie Darlene Smith.

Christopher R. Brauchli, Boulder, for defendant-appellant, Donald Sterkel.

William R. Gray, Boulder, for defendant-appellant Francis John Leahy.

Robert L. Pitler, Denver, for defendant-appellant Randall Schubert.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, amicus curiae.

GROVES, Justice.

This is an interlocutory appeal brought by the defendants, who stand charged with possession of marijuana with intent to induce and aid another to unlawfully use and possess it. The marijuana was seized under a search warrant, which the defendants contend was defective and invalid. The trial court denied their motion to suppress the evidence seized under the warrant. We affirm the ruling.

I

The warrant contained the name of the person...

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