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PEOPLE v. ONORATO

No. 74-339.

538 P.2d 898 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Anthony E. ONORATO, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 1, 1975.

Certiorari Denied August 25, 1975.

Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Janet Lee Miller, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Walter L. Gerash, P. C., Louis M. Fischer, Denver, for defendant-appellant.

Selected for Official Publication.

STERNBERG, Judge.

Following a jury trial, Anthony E. Onorato was convicted of committing perjury before a grand jury. In this appeal, he urges several grounds for reversal, but, we need consider only one of them, since it is dispositive of the case. We agree with his contention that the prosecution did not satisfy its burden of proving the materiality of the alleged false statements to the outcome of the grand jury proceedings...

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