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MAES v. DISTRICT COURT, CITY & COUNTY OF DENVER

No. 25688.

503 P.2d 621 (1972)

Freddie Joe MAES, Petitioner, v. The DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, State of Colorado, and the Honorable Robert E. McLean, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

November 27, 1972.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Alvin D. Lichtenstein, Deputy State Public Defender, Denver, for petitioner.

Jarvis W. Seccombe, Dist. Atty., Frederic B. Rodgers, Deputy Dist. Atty., Joseph T. Carroll, Jr., Deputy Dist. Atty., Second Judicial District, Denver, for respondents.

LEE, Justice.

In this original proceeding, we issued our rule to show cause why respondents should not be prohibited from re-trying petitioner on criminal charges, the initial trial of which resulted in a mistrial. The matter is now at issue and, having considered the merits of the controversy, we make the rule absolute.

Petitioner was charged with assault to rob and assault with a deadly weapon. Trial was to a jury...

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