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KUYPERS v. DISTRICT COURT FORFOURTH JUD. DIST.

No. 26714.

534 P.2d 1204 (1975)

Kenneth KUYPERS, Petitioner, v. The DISTRICT COURT FOR the FOURTH JUDICIAL DISTRICT, State of Colorado, the Honorable William E. Rhodes, as one of the Judges of the District Court, Respondent.

Supreme Court of Colorado, En Banc.

May 5, 1975.

Attorney(s) appearing for the Case

J. Stephen Price, Colorado Springs, for petitioner.

Robert L. Russell, Dist. Atty., Jon C. Thomas, Deputy Dist. Atty., Colorado Springs, for respondent.

PRINGLE, Chief Justice.

This is an original proceeding brought pursuant to C.A.R. 21 to prohibit the Respondent Court from proceeding with the criminal action brought against the petitioner until he is afforded a proper preliminary hearing. We issued a rule to show cause why the requested relief should not be granted. For the reasons set forth herein, we make that rule absolute.

On December 6, 1974, the petitioner appeared before the El Paso County District...

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