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PEOPLE v. TUCCI

No. 25583.

500 P.2d 815 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John J. TUCCI, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 5, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard T. Spriggs, Asst. Atty. Gen., Denver, for plaintiff-appellant.

Kettelkamp & Vento, W. C. Kettelkamp, Jr., Levi Martinez, Pueblo, for defendant-appellee.

GROVES, Justice.

This is an interlocutory appeal by the People to review an order of the trial court granting defendant's motion to suppress evidence. We disapprove the ruling.

The defendant operated a business known as the Main Oil Company. On February 10, 1971, he was arrested and charged with theft of state funds by filing false motor fuel tax refund claims. Coincident with the defendant's arrest, law enforcement officers executed a warrant to search the...

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