PEOPLE v. BUTZ

No. 75-524.

547 P.2d 262 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. George Robert BUTZ, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 15, 1976.

Certiorari Denied March 22, 1976.


Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., Jerry B. Tompkins, Deputy Dist. Atty., Littleton, for plaintiff-appellant.

Leland S. Huttner, Denver, for defendant-appellee.


Selected for Official Publication.

ENOCH, Judge.

The defendant, George Robert Butz, was charged with second degree assault. Prior to trial, the trial court, after several continuances, dismissed the information on its own motion, on the basis that a material witness was unavailable and that therefore the defendant would be denied a fair trial. The People appeal that dismissal. We reverse.

A preliminary hearing was held on the charge and the defendant...

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