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PEOPLE v. TREADWAY

No. 25985.

512 P.2d 275 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kim H. T. TREADWAY et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

July 16, 1973.

Attorney(s) appearing for the Case

Stuart A. Van Meveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Harry L. McCabe, Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.

Davies & Saint-Veltri, Joseph Saint-Veltri, Denver, for defendants-appellees.

GROVES, Justice.

This is an interlocutory appeal by the District Attorney pursuant to C.A.R. 4.1 (as amended on April 1, 1971) from a ruling of the district court granting the defendants' motion to suppress evidence. We disapprove the ruling.

The evidence was seized under the search warrant which in turn was predicated upon an affidavit containing the following statements:

"1. That a confidential, reliable informant did advise the affiant in person...

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