PEOPLE v. HOWARD

No. 28257.

599 P.2d 899 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Carl David HOWARD, also known as Dutch McFarland, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 4, 1979.


Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for defendant-appellee.


ERICKSON, Justice.

Prior to the defendant's trial for first degree murder, the district court granted a motion to suppress an out-of-court identification of the defendant made by the murder victim. Although the defendant was subsequently acquitted at trial and can not be affected by our ruling, the prosecution appeals, pursuant to section 16-12-102, C.R.S.1973 (now in 1978 Repl.Vol. 8), to have us determine as a matter of law whether the trial court erred in its ruling...

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