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PEOPLE v. KOLEGO

No. 75-622.

554 P.2d 712 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Henry Edward KOLEGO, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

August 19, 1976.

Attorney(s) appearing for the Case

James D. Childress, Dist. Atty., Michael E. McLachlan, Durango, for plaintiff-appellant.

No appearance for Henry Edward Kolego, defendant-appellee.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Robert C. Lehnert, Asst. Attys. Gen., Denver, amicus curiae, for the People of the State of Colorado.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

Defendant was charged with two counts of theft of gold concentrate. At the close of the People's case, defendant moved for a directed verdict of acquittal. The motion was granted on both counts. The People do not contest the acquittal on the first count, but appeal from the judgment of acquittal on the second count. We disapprove the ruling.

The second count of the information charged the...

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