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PEOPLE v. MONTOYA

No. 26113.

517 P.2d 401 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edward Rudolph MONTOYA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 24, 1973.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Cecil Turner, Donald Hoerl, Deputy Dist. Attys., Pueblo, for plaintiff-appellant.

Walter L. Gerash, H. D. Reed, Denver, for defendant-appellee.

GROVES, Justice.

This is an interlocutory appeal by the People under C.A.R. 4.1 from an order granting a motion to suppress the introduction of marijuana in evidence. We affirm.

The marijuana was seized after federal agents and local policemen had broken into defendant's home on September 27, 1972, under an arrest warrant. This warrant was issued on September 9, 1972, under a United States magistrate's complaint which charged the defendant with distribution...

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