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PEOPLE v. ELLIOTT

No. 26085.

525 P.2d 457 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Larry Lee ELLIOTT, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 12, 1974.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Second Judicial Dist., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Duncan W. Cameron, Deputy State Public Defender, Denver, for defendant-appellee.

LEE, Justice.

Pursuant to the duty enjoined upon him by Colo.Sess.Laws 1972, ch. 44, 39-12-102 at 253, the district attorney has appealed from an order of the Denver district court which declared the felony-nonsupport statute, C.R.S.1963, 43-1-1, unconstitutional. Because the statute applies only to men, the court found it to be violative of Article II, Section 29, of the Colorado Constitution, commonly known as the Equal Rights Amendment. The court therefore dismissed...

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