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VAUGHN v. DIST. CT. IN AND FOR SEC. JUD. DIST.

No. 27430.

559 P.2d 222 (1977)

William E. VAUGHN, Petitioner, v. DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT and the Honorable Gilbert Alexander, judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 14, 1977.

Attorney(s) appearing for the Case

Alfred C. Harrell, Denver, for petitioner.

R. Dale Tooley, Dist. Atty., Stephen S. Marsters, Deputy Dist. Atty., Denver, for respondents.

ERICKSON, Justice.

The petitioner was charged with possession of narcotics for sale and conspiracy. He was released on $15,000 bond. After the trial court granted the petitioner a continuance, the surety requested exoneration of his bond. As the sole basis for the request to withdraw, the surety stated:

"Well, it's almost getting ready to lead into a divorce action in my household, and I don't feel this is justified in causing the problems in my home."

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