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PEOPLE v. MONTERA

No. 27775.

596 P.2d 1198 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph L. MONTERA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 2, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John R. Rodman, Asst. Atty. Gen., Denver, for plaintiff-appellant.

Clark, Martin & Pringle, Bruce D. Pringle, Denver, for defendant-appellee.

CARRIGAN, Justice.

The People here appeal pursuant to section 16-12-102, C.R.S.1973, seeking disapproval of the trial court's judgment of acquittal and its dismissal of a three-count grand jury indictment. We disapprove the trial court's actions.

On September 17, 1976, the People filed a grand jury indictment charging the defendant with three counts of official misconduct allegedly committed while he was chief of...

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