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PEOPLE v. POOLE

Nos. 26500, 26584.

555 P.2d 980 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Louis Gordon POOLE, Jr., and Gerard Allen Ostgarden, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 1, 1976.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Steven T. Pelican, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Spottswood W. H. Williams and James R. Barash, Colorado Springs, for defendants-appellees.

PRINGLE, Chief Justice.

As the result of an aborted narcotics transaction, defendants Poole and Ostgarden were charged with two counts of possession of a narcotic drug,1 theft,2 and defendant Poole was charged with first-degree assault on a police officer.3 Prior to trial, the possession and theft charges were dismissed by the district attorney when the trial court entered an order...

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