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PEOPLE v. HAYHURST

No. 27748.

571 P.2d 721 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David HAYHURST, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 21, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, J. E. Losavio, Jr., Dist. Atty., Warren T. Marshall, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

James H. Frasher, Jr., Michael G. Beckner, Pueblo, for defendant-appellee.

CARRIGAN, Justice.

This is an interlocutory appeal from a district court ruling suppressing physical evidence and an incriminating statement. We reverse.

The suppression order was based on the following findings of fact: On the evening of March 15, 1975, the appellee, David Hayhurst, then a juvenile, attended a swimming party also attended by Mark Cisneros, then fifteen. Hayhurst invited Cisneros to go with him in a van to a remote country road

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