PEOPLE v. CASSELMAN

No. 27747.

583 P.2d 933 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Dean Berton CASSELMAN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 25, 1978.


Attorney(s) appearing for the Case

Doyle T. Johns, Jr., Dist. Atty., William E. Shevlin, Deputy Dist. Atty., Fort Morgan, for plaintiff-appellant.

Rodden & Marshall, Robert R. Marshall, Jr., Denver, for defendant-appellee.


HODGES, Justice.

The People appeal the trial court's dismissal of four felony informations which charged defendant Casselman with the theft of wheat. We agree with the trial court. The district attorney failed to prove that he did not use privileged testimony given by the defendant pursuant to a grant of immunity at a bankruptcy hearing. We affirm.

On September 17, 1975, defendant Casselman filed bankruptcy in the...

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