PEOPLE v. ATTEBURY

No. 27854.

587 P.2d 281 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Ralph E. ATTEBURY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 26, 1978.


Attorney(s) appearing for the Case

William D. Harmsen, Dist. Atty., Reid Pixler, Deputy Dist. Atty., Delta, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Appellate Section, Denver, intervenors for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Duma, Jr., Chief Deputy Public Defender, Denver, Charles R. Greenacre, Deputy State Public Defender, Montrose, for defendant-appellee.


ERICKSON, Justice.

This appeal by the district attorney was taken to determine whether the district judge erred when, prior to trial, he dismissed a five-count information which charged that the defendant issued a series of bad checks and committed theft by deception. We reverse and remand with directions to reinstate the charges against the defendant.

After a preliminary hearing in the county court, the defendant was bound over for trial in the district court...

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