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SMALDONE v. PEOPLE

No. 24400.

479 P.2d 973 (1971)

Eugene Louis SMALDONE, Jr., Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 18, 1971.

Attorney(s) appearing for the Case

Hindry & Meyer, Charles F. Brega, Denver, for petitioner.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for respondent.

HODGES, Justice.

Eugene Louis Smaldone, Jr. was convicted in Denver County Court of two gambling charges involving alleged violations of C.R.S. 1963, 40-10-8 and 40-10-9. Items of evidence introduced at the jury trial were obtained pursuant to a search warrant, which authorized a search of Smaldone's residence for gambling paraphernalia specified as sports schedules, betting slips, odds sheets, betting tally sheets and other items used in recording and taking bets...

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