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PEOPLE v. VOSS

No. 26578.

552 P.2d 1012 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Randall Ray VOSS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 3, 1976.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Ronald L.

Schultz, Chief Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.

Don L. Nelson, Fort Collins, for defendant-appellee.

KELLEY, Justice.

This is an appeal pursuant to section 16-12-102, C.R.S.1973, by the district attorney, from an order dismissing a criminal prosecution. The order appealed from is not the ordinary order of dismissal, but is stated in the alternative. The order as stated by the court:

"Court orders case dismissed or in the alternative if the record shows that the Defendant waived jeopardy by having the jury impanelled before the Motion to Suppress was heard...

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