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PEOPLE v. McKELVEY

No. 28483.

590 P.2d 972 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edwin L. McKELVEY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 26, 1979.

Attorney(s) appearing for the Case

Craig S. Westberg, Dist. Atty., Durango, for plaintiff-appellant.

I. H. Kaiser, P. C., Denver, for defendant-appellee.

GROVES, Justice.

This is an interlocutory appeal brought by the district attorney from the district court's order granting defendant's motion to suppress certain of his federal and state income tax returns. We affirm.

The defendant was tried under an indictment charging six counts of embezzlement of public property, section 18-8-407, C.R.S. 1973 (1978 Repl. Vol. 8). A mistrial was declared and trial was reset. Prior to the second trial, defendant's motion...

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