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HOUSTON v. MANERBINO

No. 24878.

521 P.2d 166 (1974)

William C. HOUSTON, Plaintiff-Appellant, v. George A. MANERBINO, a Judge of the County Court of the City and County of Denver, State of Colorado and the County Court of Denver County, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

April 22, 1974.

Attorney(s) appearing for the Case

Schwartz & Snyder, Jerry N. Snyder, Frank P. Slaninger, Denver, for plaintiff-appellant.

James D. McKevitt, Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., Jarvis W. Seccombe, Chief Deputy Dist. Atty., Edward A. Simons, Fred Rodgers, Deputy Dist. Attys., for defendants-appellees.

ERICKSON, Justice.

A criminal summons and complaint was filed in the Denver county court against William C. Houston, charging a violation of the Colorado Obscenity Statute, 1969 Perm.Supp., C.R.S.1963, 40-28-2. On the same day, the district attorney filed a motion in the county court, supported by a police officer's affidavit, seeking a subpoena duces tecum. The subpoena duces tecum which was served on Houston compelled him to appear in the county court one week later...

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