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PEOPLE v. ATENCIO

No. 26050.

529 P.2d 636 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ralph E. ATENCIO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 23, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Tennyson W. Grebenar, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.

ERICKSON, Justice.

The defendant, Ralph E. Atencio, elected to be tried by the court and was convicted of possession of heroin, a narcotic drug. C.R.S.1963, 48-5-2. In his motion for a judgment of acquittal, the defendant argued that the evidence was insufficient to sustain a conviction of possession of heroin and that the district attorney failed to establish the chain of custody with respect to the contraband. A motion for a judgment of acquittal was denied, and...

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