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MILLER v. DIST. CT. IN AND FOR NINETEENTH JUDICIAL DIST.

No. 27487.

566 P.2d 1063 (1977)

Robert N. MILLER, District Attorney, Nineteenth Judicial District, Weld County, Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the NINETEENTH JUDICIAL DISTRICT, State of Colorado, and Honorable Robert A. Behrman, District Judge in and for the Nineteenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

July 25, 1977.

Attorney(s) appearing for the Case

Robert N. Miller, Dist. Atty., William G. Arries, William L. Crosier, Deputy Dist. Attys., Greeley, for petitioner.

Davies & Saint-Veltri, Leonard E. Davies, Denver, for respondents.

LEE, Justice.

Petitioner Robert N. Miller, Weld County district attorney, seeks relief in the nature of prohibition and mandamus from an order of respondent Weld County District Court. The court, after preliminary hearing, dismissed two of four counts against defendant Joseph Martin Roybal and reduced the remaining counts. We issued our rule to show cause, which we now make absolute.

Defendant and three others were charged by information with menacing with...

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