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FAGIN v. PEOPLE

No. 24055.

484 P.2d 1216 (1971)

Edwin Evans FAGIN, Eugene Edward Sisneros and David Luther Montoya, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

May 17, 1971.

Attorney(s) appearing for the Case

Joseph A. Vento, Pueblo, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.

EARL A. WOLVINGTON, District Judge.*

The plaintiffs in error will be referred to as defendants or by name. The defendants were charged in the District Court of Pueblo County with two counts: Possession of a narcotic drug (C.R.S.1963, 48-5-2 and 48-5-20); and conspiracy to possess a narcotic drug (C.R.S.1963, 40-7-35). The defendants Fagin and Sisneros were found guilty of both counts, but the defendant Montoya was found guilty of only...

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