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HUNTER v. DISTRICT CT. IN & FOR TWENTIETH JUD. DIST.

No. 26964.

543 P.2d 1265 (1975)

Alexander M. HUNTER, District Attorney, Twentieth Judicial District, Boulder, Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the TWENTIETH JUDICIAL DISTRICT, State of Colorado, and Honorable William D. Neighbors, District Judge in and for the Twentieth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

December 15, 1975.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., Daniel C. Hale, Deputy Dist. Atty., Boulder, for petitioner.

Rollie R. Rogers, State Public Defender, Denver, James F. Dumas, Jr., Chief Deputy State Public Defender, G. Paul McCormick, Deputy State Public Defender, Boulder, for respondents.

KELLEY, Justice.

Petitioner, the District Attorney for the County of Boulder, instituted this original proceeding pursuant to C.A.R. 21. We issued a rule to show cause why the criminal information, which was issued at the instance of the petitioner and dismissed by the respondent at a preliminary hearing, should not be reinstated. We now make the rule absolute.

On July 28, 1975, the respondent district judge conducted a preliminary hearing in the criminal...

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