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PEOPLE v. KIRKLAND

No. 24721.

483 P.2d 1349 (1971)

The PEOPLE of the State of Colorado, Plaintiff in Error, v. John Paul KIRKLAND, Defendant in Error.

Supreme Court of Colorado, En Banc.

April 26, 1971.

Attorney(s) appearing for the Case

Stanley F. Johnson, Dist. Atty., Ralph S. Josephsohn, Deputy Dist. Atty., Boulder, for plaintiff in error.

Blewitt, Bisbee & Geil, John H. Bisbee, Boulder, for defendant in error.

HODGES, Justice.

At the conclusion of the People's evidence, the trial court granted defendant Kirkland's motion for judgment of acquittal on a charge of flag mutilation as defined in 1969 Perm.Supp., C.R.S.1963, 40-23-3. The basis for the trial court's ruling was that the evidence presented by the People was insufficient, as a matter of law, to sustain conviction. The district attorney, on behalf of the People, urges on this appeal that the trial court's acquittal...

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