PEOPLE v. RAGULSKY

No. 26196.

518 P.2d 286 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David Lee RAGULSKY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 28, 1974.


Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Tenth Judicial District, Donald M. Hoerl, Jane E. Freeman, Deputy Dist. Attys., Pueblo, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendant-appellee.


KELLEY, Justice.

This is an interlocutory appeal brought by the People pursuant to C.A.R. 4.1 to review the granting of defendant-appellee's motion to suppress certain evidence. We reverse.

The sole issue before us pertains to the sufficiency of the search warrant on its face. There is no question here as to the sufficiency of the supporting affidavit.

The district court held that the warrant did not comply with the requirements of Crim.P. 41(c) which...

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