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PEOPLE v. BAILEY

No. 24658.

479 P.2d 973 (1971)

The PEOPLE of the State of Colorado, Plaintiff in Error, v. Jay Dee BAILEY, Defendant In Error.

Supreme Court of Colorado, En Banc.

January 25, 1971.

Attorney(s) appearing for the Case

Error to District Court, City and County of Denver; Robert T. Kingsley, Judge.

James D. McKevitt, Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., Jarvis W. Seccombe, Chief Deputy Dist. Atty., Edward A. Simons, Deputy Dist. Atty., Denver, for plaintiff in error.

Ben Klein, Denver, for defendant in error.

PER CURIAM.

Counsel for the defendant in error has filed a brief in which he concedes that the issue he raised in the trial court is the same as that which we considered and ruled upon in People of the State of Colorado v. Sanchez, Colo., 476 P.2d 980. Consequently, the trial court, having ruled contrary to our holding in Sanchez, erred and we therefore disapprove of its ruling.

The judgment is...

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