PEOPLE v. WEISENBERGER

No. 25361.

516 P.2d 1128 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Stanley WEISENBERGER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 17, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Mary G. Allen, Deputy State Public Defenders, Denver, for defendant-appellant.


LEE, Justice.

Appellant, Stanley Weisenberger, was convicted by a jury in the district court of Montrose County of possession of marijuana. We reverse the conviction.

During the afternoon of January 25, 1971, Sheriff Gilmore of Montrose County and four other officers went to the farm of appellant, armed with a warrant which authorized the search of the "Residence of Stanley Weisenberger, Olathe, Colorado." The warrant was served upon appellant and, while Sheriff...

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