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MCDONALD v. DIST. COURT IN & FOR FOURTH JUDICIAL

No. 27986.

576 P.2d 169 (1978)

Robert Craig McDONALD, Petitioner, v. The DISTRICT COURT IN AND FOR the FOURTH JUDICIAL DISTRICT and the State of Colorado, the Honorable Donald E. Campbell, one of the Judges thereof, Respondent.

Supreme Court of Colorado, En Banc.

March 27, 1978.

Attorney(s) appearing for the Case

Simons & Iuppa, Barney Iuppa, Jr., Colorado Springs, for petitioner.

James S. Patterson, Deputy Dist. Atty., Colorado Springs, for respondent.

LEE, Justice.

Petitioner, pursuant to C.A.R. 21, seeks a writ in the nature of prohibition and mandamus prohibiting the trial court from proceeding further in his criminal case until a proper preliminary hearing is held. We issued a rule to show cause and now make the rule absolute.

Petitioner Robert Craig McDonald was charged by information with attempted first-degree kidnapping (section 18-3-301, C.R.S.1973) and felony menacing (section 18-3-206, C.R.S.1973...

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