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PEOPLE v. SMITH

No. 27262.

559 P.2d 221 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Chuck SMITH, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 20, 1976.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Anthony A. Johnson, Deputy Dist. Atty., Fourth Judicial District, El Paso County, Colorado Springs, for plaintiff-appellant.

No appearance for defendant-appellee.

KELLEY, Justice.

The People appeal the trial court's ruling that a prior statement of William Earl Davis, Jr., a codefendant who refused to testify at defendant's trial, was inadmissible. We affirm.

On August 29, 1975, five men picked up two hitchhikers in Colorado Springs. The hitchhikers were then taken to a secluded area in Colorado Springs where they were beaten and robbed. The victims subsequently identified Davis as the driver of the automobile. Davis...

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