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BIDDLE v. DISTRICT COURT IN & FOR FIFTEENTH JUD. DIST.

No. 26188.

516 P.2d 645 (1973)

Darol C. BIDDLE, Special Prosecutor in and for the Fifteenth Judicial District of the State of Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the FIFTEENTH JUDICIAL DISTRICT, and the Honorable Robert Sanderson, District Judge within and for the Fifteenth Judicial District of the State of Colorado, Respondents, and William I. Howard, Intervenor.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 24, 1973.

Attorney(s) appearing for the Case

Petitioner, pro se.

Respondents, pro se.

Alperstein, Plaut & Barnes p. c., R. G. Busch, Lakewood, for intervenor.

GROVES, Justice.

The intervenor is sheriff of Cheyenne County. He was charged in the respondent court with menacing the marshall of Cheyenne Wells with a deadly weapon (a felony) and criminal mischief (a misdemeanor). 1971 Perm.Supp., C.R.S.1963, 40-3-206 and 40-4-501. At the conclusion of a preliminary hearing the court found that there was no probable cause to believe that the sheriff committed the felony and that there was probable cause as to the misdemeanor....

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