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PEOPLE v. CRUZ

No. 26524.

526 P.2d 1315 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Cornelius J. CRUZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 7, 1974.

Attorney(s) appearing for the Case

Nolan L. Brown, Dist. Atty., Thomas G. Elliott, Deputy Dist. Atty., Golden, for plaintiff-appellant.

Thomas H. May, Denver, for defendant-appellee.

LEE, Justice.

This is an appeal from an interlocutory ruling which granted defendant-appellee's motion to suppress from evidence a Sears, Roebuck credit card. It was the alleged unauthorized use of this credit card by Cruz which resulted in the filing of a two-count information charging him with second-degree forgery and criminal attempt in violation of 1971 Perm.Supp., C.R.S. 1963, 40-5-103 and 40-2-101.

The basis for Cruz' motion to suppress was that his...

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