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PEOPLE, BY RUSSEL v. DISTRICT COURT FOR FOURTH J. D.

No. 26346.

521 P.2d 1254 (1974)

The PEOPLE of the State of Colorado, By and Through their duly appointed representatives, Robert L. RUSSEL, District Attorney and Thomas J. Barton, Deputy District Attorney, Petitioners, v. The DISTRICT COURT FOR the FOURTH JUDICIAL DISTRICT, State of Colorado, and the Honorable Donald E. Campbell, as one of the Judges of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

May 6, 1974.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Thomas J. Barton, Deputy Dist. Atty., Colorado Springs, for petitioners.

J. Gregory Walta, Colorado Springs, for respondents.

DAY, Justice.

By way of an original proceeding, C.A. R. 21, the People challenge a ruling entered by respondent court which held 1971 Perm.Supp., C.R.S.1963, 40-3-102(1) (d), a portion of the homicide statute, unconstitutional on the ground that it was facially void for vagueness. Due to the great public importance of the ruling and with conflicting holdings in other district courts, we issued an order to show cause why a writ of mandamus should not issue directing...

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