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PEOPLE v. CORNELL

No. 27405.

572 P.2d 137 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Hugh CORNELL, also known as Hugh Jan Cornell, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 19, 1977.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Warren T. Marshall, Henry J. Geisel, Deputy Dist. Attys., Pueblo, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Terri L. Brake, Deputy State Public Defender, Pueblo, for defendant-appellee.

KELLEY, Justice.

The People appealed the trial court's dismissal of an indictment against Hugh Cornell, the appellee. We affirm.

On June 19, 1974, an indictment was returned in Pueblo District Court charging the appellee with aiding escape from a mental institution in violation of C.R.S.1963, 1971 Perm.Supp. 40-8-201,1 and conspiracy, in violation of C.R.S.1963, 1971 Perm.Supp., 40-2-201.2 The charges...

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