PEOPLE EX REL. VanMEVEREN v. DIST. COURT, ETC.

No. 27799.

575 P.2d 405 (1978)

The PEOPLE of the State of Colorado ex rel. Stuart A. VanMEVEREN, District Attorney, Eighth Judicial District of the State of Colorado, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF LARIMER, State of Colorado, and the Honorable John A. Price, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

February 21, 1978.


Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Terence A. Gilmore, Deputy Dist. Atty., Fort Collins, for petitioners.

Frey & Huisjen, John P. Frey, Fort Collins, for respondents.


HODGES, Justice.

Petitioner, the district attorney for the Eighth Judicial District of Colorado, brought this original proceeding seeking relief in the nature of prohibition and mandamus against the district court of Larimer County and a judge of that court. The petitioner maintains that the respondent judge abused his discretion when he dismissed a first-degree sexual assault charge against one Waheeb Esam Ismail at the conclusion of a preliminary hearing.

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