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PEOPLE v. PITCHER

No. 27252.

557 P.2d 395 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mark Arthur PITCHER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 6, 1976.

Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Thomas P. Casey, Chief App. Deputy Dist. Atty., Denver, for plaintiff-appellant.

No appearance entered on behalf of the defendant-appellee.

ERICKSON, Justice.

Pursuant to section 16-12-102, C. R.S.1973, the district attorney has appealed the dismissal of an extradition proceeding. The trial court ordered the dismissal on the basis of a petition for habeas corpus which was filed in the extradition proceeding. We reverse and remand with directions to reinstate the extradition proceeding.

The defendant, Mark Arthur Pitcher, was charged in the superior court of Orange

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