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PEOPLE v. BRANIN

No. 26183.

533 P.2d 1138 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Earl BRANIN, Defendant-Appellant.

Supreme Court of Colorado, In Department.

April 14, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, Richard L. Tegtmeier, Deputy State Public Defender, Colorado Springs, for defendant-appellant.

LEE, Justice.

Appellant was convicted of possession of a narcotic drug in violation of C.R.S.1963, 48-5-2.1

We agree with appellant's contention that his arrest and the search and seizure of narcotic drugs from his person were unlawful and we therefore reverse the judgment of conviction.

The evidence relating to appellant's arrest was undisputed. During the evening of January...

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