KELLEY, Justice.
This is an appeal by the District Attorney on behalf of the People to review a decision of the trial court pursuant to the provisions of C.R.S.1963, 39-7-26(2).
William R. Archer was proceeded against by information charging him with assault with a deadly weapon (C.R.S.1963, 40-2-34) upon the person of Stewart Lofton. Archer pleaded not guilty, waived a jury and the case was tried to the court. After the state had presented its evidence and...
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