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PEOPLE v. MONTERA

No. 27727.

575 P.2d 1294 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph MONTERA and Nick DeBono, Defendants-Appellee.

Supreme Court of Colorado, En Banc.

March 13, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Sharon S. Metcalf, Asst. Atty. Gen., Denver, Patricia W. Robb, Asst. Atty. Gen., Pueblo, for plaintiff-appellant.

Clark, Martin & Pringle, Bruce D. Pringle, James A. Clark, Denver, for defendants-appellees.

CARRIGAN, Justice.

The appellees were indicted for violations of C.R.S.1963, 40-7-9 (Officer purloining records)1 and C.R.S.1963, 40-7-35 (Conspiracy to purloin records).2 The indictments alleged that the violations occurred between September 30, 1970, and February 1, 1971. The appellees moved to dismiss the indictments, asserting that the prosecution was barred by...

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