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PEOPLE v. WESTENDORF

No. 74-493.

542 P.2d 1300 (1975)

PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Henry Glen WESTENDORF, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

November 13, 1975.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty. for the Fourth Judicial District, J. Stephen Price, Stanley D. Tabor, Sp. Deputy Dist. Attys., Colorado Springs, for plaintiff-appellee.

Thomas C. Donovan, Jr., Robert A. Millman, Colorado Springs, for defendant-appellant.

Selected for Official Publication.

BERMAN, Judge.

Defendant, Henry Glen Westendorf, appeals his conviction of first degree perjury. We reverse.

The substantive portions of the indictment in the present case state:

"That on or about the 26th day of February, 1974, in the County of El Paso, Colorado, Henry Glen Westendorf, did unlawfully and feloniously make a materially false statement in an official...

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