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PEOPLE EX REL. RUSSEL v. HALL

No. 80SA329.

620 P.2d 34 (1980)

The PEOPLE of the State of Colorado, ex rel. RUSSEL, Petitioner, v. Richard V. HALL, District Court Judge, Fourth Judicial District, State of Colorado, Respondent.

Supreme Court of Colorado.

December 8, 1980.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Robert B. Harward, Deputy Dist. Atty., Colorado Springs, for petitioner.

J. Gregory Walta, Colorado State Public Defender, Samuel W. McClure, Deputy State Public Defender, George C. Wing, Colorado Springs, for respondent.

LEE, Justice.

In this original proceeding, we issued a rule to show cause why the felony counts charging the defendants, Henry Adolph Garcia and Robert Lee Byrd, with the commission of second-degree burglary1 and criminal mischief,2 which had been dismissed after a preliminary hearing, should not be reinstated. We now make the rule absolute.

At about 1:00 a...

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