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LOSAVIO v. DISTRICT COURT IN & FOR TENTH JUD. DIST.

No. 25954.

512 P.2d 264 (1973)

J. E. LOSAVIO, Jr., District Attorney In and For the Tenth Judicial District of the State of Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT et al., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 7, 1973.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Cecil L. Turner, Chief Deputy Dist. Atty., Pueblo, for petitioner.

William L. Lloyd, Pueblo, for Jose Benito Garcia.

ERICKSON, Justice.

This original proceeding seeks to set aside an order granting Jose Benito Garcia a new trial. Garcia was tried and convicted by a jury of assault on a police officer, 1967 Perm.Supp., C.R.S.1963, 40-7-54. A motion for a new trial was filed asserting that the jury verdict was contrary to the law and contrary to the evidence. The only other allegation in the motion was that the trial court committed error...

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