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PEOPLE v. DISTRICT COURT IN & FOR TENTH JUD. DIST.

No. 26770.

541 P.2d 683 (1975)

The PEOPLE of the State of Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT, and Honorable Richard D. Robb, District Judge, within and for the County of Pueblo, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

October 20, 1975.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., David E. Ware, Charles Malouff, Deputy Dist. Attys., Pueblo, for petitioner.

Darol C. Biddle, Pueblo, for respondents.

LEE, Justice.

This is an original proceeding brought by the district attorney to prohibit respondent district court from dismissing an amended indictment in case No. 73381 of the district court of Pueblo county. By this indictment, James Earl Wallace was charged with first-degree murder. We issued our rule to show cause and the matter is now at issue. We discharge the rule.

Reference is made to our decision in People v. Salazar, Wallace and Martinez,

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