PEOPLE v. MOYER

No. 80SA485.

635 P.2d 553 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joel Rex MOYER and John Brunz, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 26, 1981.


Attorney(s) appearing for the Case

Doyle T. Johns, Jr., Dist. Atty., Joseph J. Weatherby, Chief, Trial Deputy Dist. Atty., Fort Morgan, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Deborah S. Waldbaum, Deputy State Public Defender, Denver, for defendant-appellee Brunz.

Jack A. Murphy, Fort Morgan, for defendant-appellee Moyer.


QUINN, Justice.

The People appeal an order dismissing the charge of second degree burglary after a preliminary hearing. We reverse and remand.

By direct information the defendants, Joel Rex Moyer and John Brunz, were charged with second degree burglary on August 14, 1980, in Morgan County, Colorado. The information alleged that they "did unlawfully, feloniously and knowingly break an entrance into [or] enter [or] remain unlawfully in the building [or] occupied...

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