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PEOPLE v. SHORTT

No. 27347.

557 P.2d 388 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Carl M. SHORTT, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 6, 1976.

Attorney(s) appearing for the Case

John F. Healy, Dist. Atty. of the Fifth Judicial District, W. Terry Ruckriegle, Deputy Dist. Atty., Georgetown, for plaintiff-appellant.

No appearance by defendant-appellee.

PRINGLE, Chief Justice.

This is an appeal by the People from a judgment of dismissal of an information charging the defendant with possession of cannabis with intent to sell in violation of section 12-22-404, C.R.S.1973. Following a hearing on the defendant's motion to dismiss, the trial court concluded that the relevant statutes failed to "create" the crime charged in the information. In its order dismissing the information the court stated:

"There is, of...

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