PEOPLE v. MARTINEZ

No. 26343.

527 P.2d 534 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Earnest Alois MARTINEZ et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 29, 1974.


Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., C. Scott Crabtree, Deputy Dist. Atty., Littleton, for plaintiff-appellant.

No appearance for defendants-appellees.


GROVES, Justice.

Defendants are charged with possession of marijuana and possession for sale of marijuana (C.R.S.1963, 48-5-2, and 1971 Perm.Supp., C.R.S.1963, 48-5-20). The trial court granted their motion to suppress the introduction of marijuana taken from a car in which they were riding. The People have brought this interlocutory appeal pursuant to C.A.R. 4.1. We affirm.

Two Colorado State Patrol officers, while patrolling on Interstate 70 west of Byers...

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