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PEOPLE v. HERTZ

No. C-1417.

586 P.2d 5 (1978)

The PEOPLE of the State of Colorado, Petitioner, v. Pearl E. HERTZ, Respondent.

Supreme Court of Colorado, En Banc.

September 5, 1978.

Attorney(s) appearing for the Case

Paul Q. Beacom, Dist. Atty., Marc P. Mishkin, Deputy Dist. Atty., Brighton, for petitioner.

Marshall & Marshall, W. Paul Fryer, Donald W. Marshall, Jr., Brighton, for respondent.

CARRIGAN, Justice.

On October 16, 1976, a Brighton police officer served the appellee Hertz a summons and complaint charging her with driving a vehicle "while under the influence of intoxicating liquor or drugs." Before trial in the Adams County Court, the appellant District Attorney moved to amend the complaint by striking as surplusage the words "or drugs," or in the alternative to elect between the two means of committing the offense. The trial court denied this...

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