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PEOPLE v. DIST. CT. FOR SECOND JUD. DIST.

No. 28089.

580 P.2d 388 (1978)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT FOR the SECOND JUDICIAL DISTRICT, State of Colorado, and the Honorable Gilbert A. Alexander, as one of the Judges of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

June 19, 1978.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for petitioner.

Gilbert A. Alexander, pro se.

LEE, Justice.

The People petition this court pursuant to C.A.R. 21 for a writ in the nature of prohibition. We issued a rule to show cause and now discharge the rule.

Defendant Raymond Swain was tried in Denver District Court for the offense of vehicular homicide. Section 18-3-106, C.R.S.1973. The jury was unable to reach a verdict, a mistrial was declared, and the case was set for retrial. The following instruction was given to the jury at the first trial...

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