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PEOPLE v. MAZZA

No. 25275.

511 P.2d 885 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank MAZZA, Defendant-Appellant.

Supreme Court of Colorado, In Department.

July 2, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard T. Spriggs, Robert Lehnert, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Morrato, Gueck & Colantuno, P. C., James J. Morrato, I. Thomas Bieging, Denver, for defendant-appellant.

KELLEY, Justice.

The defendant, Frank Mazza, was indicted for perjury (C.R.S.1963, 40-7-1) by the Grand Jury for the City and County of Denver on February 25, 1970. The indictment stated that the defendant appeared before the grand jury on February 24, 1970; was duly sworn; and "feloniously, willfully, corruptly, and falsely" testified to the following effect:

"Q. Mr. Mazza, you realize you are still under the oath you took when you first came into the courtroom...

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