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DRESNER v. COUNTY COURT IN AND FOR COUNTY OF PUEBLO

No. 26775.

540 P.2d 1085 (1975)

Kenneth DRESNER and Thomas L. Padilla, Petitioners, v. The COUNTY COURT IN AND FOR the COUNTY OF PUEBLO and the Honorable Eugene T. Halaas, County Judge within and for the Pueblo County Court of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

September 29, 1975.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Kenneth Dresner, Deputy State Public Defender, Pueblo, for petitioners.

J. E. Losavio, Jr., Dist. Atty., James R. Gmelin, Deputy Dist. Atty., Pueblo, for respondents.

ERICKSON, Justice.

This original proceeding, in the nature of mandamus, was filed pursuant to the provisions of C.A.R. 21. The petitioners before the court are Thomas Padilla and a lawyer from the public defender's office who represents him.1

The issues now before us center on the failure of the district attorney to present a grand jury indictment in open court and on an order quashing...

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