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PEOPLE v. MILLER

Nos. 79SA14, 79SA15.

604 P.2d 36 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. William Leighton MILLER, William Thomas Whiddon, John Lee Gorre, Allen Morris and Jack Nardini, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

December 24, 1979.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Amy S. Isaminger, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

No appearance by defendants-appellees.

HODGES, Chief Justice.

The People appealed pursuant to section 16-12-102, C.R.S.1973 (1978 Repl. Vol. 8) on a question of law whether the defendants may be convicted of both attempted theft by deception, sections 18-2-101 and 18-4-401(1)(a), C.R.S.1973 (1978 Repl. Vol. 8), and professional gambling, sections 18-10-103(2) and 18-10-102(8), C.R.S.1973 (1978 Repl. Vol. 8). The case was tried to a jury and after the presentation of the People's case, the trial court ruled...

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