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PEOPLE v. KINGERY

No. 26111.

536 P.2d 822 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard KINGERY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 16, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., David A. Sorenson, James W. Wilson, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Anthony W. Lanza, Durango, for defendant-appellant.

GROVES, Justice.

The defendant was convicted on each of two counts. The first was for having "in his possession for sale a narcotic drug, Cannabis, with intent to induce or aid another to unlawfully possess said narcotic drug." The second was for having in "his possession for sale a dangerous drug, Seco-barbital, with intent to induce or aid another to unlawfully possess said dangerous drug." We are unable to escape the conclusion that, if so-called newly discovered...

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