PEOPLE v. PESCHONG

No. 25552.

506 P.2d 1232 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gene Daniel PESCHONG, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 19, 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, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


GROVES, Justice.

This is an appeal by the defendant from a conviction of a charge of possession of marijuana. Prior to trial, the defendant moved to suppress certain evidence (marijuana in various forms) obtained from his residence during the execution of a search warrant. The motion was denied by the court and the evidence was admitted at trial. The defendant has maintained that the affidavit in support of the search warrant failed to establish probable cause. The...

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