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PEOPLE v. BENNER

No. 26603.

530 P.2d 964 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Ronald D. BENNER and George Washington Donahou, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

January 20, 1975.

Attorney(s) appearing for the Case

Stuart A. Van Meveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Francis H. Oldham, Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.

Calvert & Calvert, David R. Calvert, Denver, for defendant-appellee Ronald D. Benner.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Bryan D.

Shaha, Deputy State Public Defender, Greeley, for defendant-appellee George Washington, Donahou.

HODGES, Justice.

On this interlocutory appeal, the People contend that the trial judge erred in granting the defendants' motion to suppress evidence. We agree with this contention and therefore reverse the trial court's ruling.

Defendants stopped at a check station maintained by game and fish officers in Poudre Canyon, Larimer County. One of the officers asked the defendants if they had been fishing, and defendant Donahou replied that they had. The officer...

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