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PEOPLE v. MALONE

No. 25132.

485 P.2d 499 (1971)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charlene Jo MALONE and Jack S. Malone, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

June 1, 1971.

Attorney(s) appearing for the Case

Carl Parlapiano, Dist. Atty., Daniel J. Sears, Deputy Dist. Atty., Pueblo, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, Denver, J. D. MacFarlane, Chief Deputy Public Defender, Darol C. Biddle, Deputy State Public Defender, Pueblo, for defendants-appellants.

ERICKSON, Justice.

The defendants, Charlene Jo Malone and Jack S. Malone, are charged with possession and conspiracy to possess a narcotic drug for sale. They bring this interlocutory appeal from an order of the trial court denying their motion to suppress evidence seized pursuant to a search warrant.

The defendants contend that where allegations contained in an affidavit for a search warrant are shown to be false...

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