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ESPINOZA v. DISTRICT COURT IN & FOR COUNTY OF CONEJOS

No. 25776.

506 P.2d 131 (1973)

Andrew ESPINOZA and Daisy Salazar, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF CONEJOS, State of Colorado, et al., Respondents.

Supreme Court of Colorado, En Banc.

February 5, 1973.

Attorney(s) appearing for the Case

Rollie R. Rogers Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, John C. McClure, Deputy State Public Defender, Denver, for petitioners.

Robert W. Ogburn, Dist. Atty., for 12th Judicial District, State of Colorado, Alamosa, for respondents.

HODGES, Justice.

This is an original proceeding in which we issued a rule to show cause why the respondents should not be prohibited from retrying the petitioners on criminal charges. In the first trial, the respondent judge declared a mistrial sua sponte during the course of a defense attorney's closing argument. The respondents now intend to proceed with the second trial and the petitioners claim that a second trial should be barred because it would be in violation...

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