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PEOPLE v. RAEL

No. 28337.

597 P.2d 584 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Max James RAEL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 23, 1979.

Attorney(s) appearing for the Case

Paul Q. Beacom, Dist. Atty., Marc P. Mishkin, Deputy Dist. Atty., Brighton, for plaintiff-appellant.

J. Gregory Walta, Colo. State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Robert A. Breindel, Deputy State Public Defender, Denver, for defendant-appellee.

GROVES, Justice.

The People appeal the district court's dismissal of a charge of first-degree assault on a police officer. We disapprove the ruling.

On July 20, 1976 at 11:00 p. m. two Federal Heights Police Department officers finished work and decided to go for coffee and doughnuts at a restaurant in Thornton. Officer McGuire was not in uniform, but Officer Abbato was. As they departed the restaurant, the officers heard glass breaking at a nearby service...

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