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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