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ALVAREZ v. DISTRICT CT. IN & FOR CITY & CTY. OF DENVER

No. 26378.

525 P.2d 1131 (1974)

Eugene ALVAREZ, Jr., et al., Petitioners, v. DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, and the Honorable Zita Weinshienk, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearings Denied September 9, 1974.

Attorney(s) appearing for the Case

William M. Cohen, Boulder (Court-appointed) for petitioner Alvarez.

G. Paul McCormick, Denver (Court-appointed) for petitioner Foster.

Carl Eklund, Denver (Court-appointed), for petitioner Bravo.

Dale Tooley, Dist. Atty., Second Judicial Dist., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for respondents.

LEE, Justice.

Pursuant to C.A.R. 21, petitioners in this original proceeding seek a writ prohibiting the respondent district court from proceeding further against them under an information charging, inter alia, murder in the first degree (felony-murder) in violation of 1971 Perm.Supp., C.R.S.1963, 40-3-102(1) (b). We issued a rule to show cause why such relief should not be granted. We now make the rule absolute.

At issue is whether the Colorado felony...

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