ERICKSON, Justice.
The prosecution perfected this appeal pursuant to section 16-12-102, C.R.S.1973. The defendant, John James Montano, has been in jeopardy, and, therefore, this appeal serves only to point out as a matter of law the impropriety and the error which occurred when the trial judge dismissed the prosecution's case. See Krutka v. Spinuzzi, 153 Colo. 115,
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