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PEOPLE v. THORNBURG

No. 24916.

477 P.2d 372 (1970)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William THORNBURG, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 30, 1970.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Denver, Colo., Floyd Marks, Dist. Atty., Stanley B. Bender, Chief Deputy Dist. Atty., Brighton, for defendant-appellant.

Rollie R. Rogers, Colorado State Public Defender, Joseph R. Quinn, Asst. Public Defender, Denver, for plaintiff-appellee.

HODGES, Justice.

Defendant-appellant, Thornburg, brings this interlocutory appeal from the trial court's denial of his motion to suppress eyewitness identification evidence. The trial court denied the motion to suppress after an evidentiary hearing on the circumstances surrounding the identification. We dismiss the appeal, since it does not come within the ambit of the interlocutory appeal rule.

C.A.R. 4.1(a) states:

"Either the state or the defendant...

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