PEOPLE EX REL. DUNBAR v. DISTRICT COURT

No. 25584.

500 P.2d 819 (1972)

The PEOPLE of the State of Colorado ex rel. Duke W. DUNBAR, Attorney General, Petitioner, v. The DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT and the Honorable Neil Horan, Chief Judge Thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 18, 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 petitioner.

MacDonald & Fattor, Donald P. MacDonald, James C. Fattor, Denver, for respondents.


ERICKSON, Justice.

As part of an investigation of fires at construction sites, the Attorney General empaneled a state grand jury and subpoenaed certain witnesses. These witnesses answered that they had received the statutory notice of having been overheard subject to a wiretap authorized under 1971 Perm.Supp., C.R.S.1963, 39-24-2. The witnesses then filed a motion in the district court for a hearing to determine the legality of the wiretap and to suppress the intercepted...

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