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PEOPLE EX REL. LOSAVIO v. J. L.

Nos. 27933, 27892.

580 P.2d 23 (1978)

The PEOPLE of the State of Colorado ex rel. J. E. LOSAVIO, Jr., District Attorney within and for the Tenth Judicial District of the State of Colorado, Plaintiff-Appellant, v. J. L., a Witness before the 1977 Pueblo County Statutory Grand Jury, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 10, 1978.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Warren T. Marshall, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

Darol C. Biddle, Pueblo, for defendant-appellee.

ERICKSON, Justice.

This appeal was taken pursuant to the provisions of section 16-12-102, C.R.S.1973. The district court, in construing section 16-5-204(4)(d), C.R.S.1973 (1977 Supp.), found that portion of the statute unconstitutional which provides that "an attorney present in the grand jury room shall take an oath of secrecy." We reverse the trial court.

The issues in this case involve the constitutionality of section 16-5-204(4)(d), C.R.S.1973 (1977 Supp...

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