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THOMAS v. CTY. CT. IN AND FOR CTY. OF PUEBLO

No. 28156.

596 P.2d 768 (1979)

Larry THOMAS, Plaintiff-Appellee, v. The COUNTY COURT IN AND FOR the COUNTY OF PUEBLO, Arthur E. Pendleton, Clerk of the Court and Judge Gordon R. Cooper, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

June 25, 1979.

Attorney(s) appearing for the Case

John R. Naylor, Henry J. Geisel, Pueblo, for plaintiff-appellee.

J. E. Losavio, Jr., Dist. Atty., Warren T. Marshall, Amy S. Isaminger, Deputy Dist. Attys., Pueblo, for defendants-appellants.

PRINGLE, Justice.

In 1976 the Grand Jury of Pueblo County indicted the appellee Larry Thomas on four counts of first-degree perjury. Upon appellee's motion, that indictment was dismissed on September 1, 1977, by the District Court for the Tenth Judicial District, on the grounds that the prosecuting attorney before the grand jury was not licensed to practice law in the State of Colorado.

The appellee was indicted again by the 1977 grand jury for the same four...

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