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PEOPLE v. HUTCHINSON

No. 27163.

557 P.2d 376 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gaines Melvin HUTCHINSON, Jr., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 13, 1976.

Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Thomas P. Casey, Lucy Marsh Yee, Deputy Dist. Attys., Denver, for plaintiff-appellant.

Lamm, Young, DiManna, Eklund & Ciancio, Michael F. DiManna, Denver, for defendant-appellee.

HODGES, Justice.

This is an appeal brought by the People from a pretrial judgment granting defendant's motion to dismiss charges against him for unlawfully selling narcotics. The single issue presented for review is whether the trial court had any proper basis for a finding of prejudicial delay in arresting defendant. We reverse the judgment of the trial court because no such prejudice was demonstrated by the defendant as...

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