PEOPLE v. WELLINGTON

No. 81SA135.

633 P.2d 1390 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Cynthia WELLINGTON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 14, 1981.


Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Denver, for plaintiff-appellant.

No appearance for defendant-appellee.


HODGES, Chief Justice.

This is an appeal by the district attorney from a judgment granting defendant's motion to dismiss a complaint charging the defendant with obtaining a narcotic drug by means of fraud and deceit, a felony. The trial court dismissed the complaint on the ground that section 12-22-319, C.R.S. 1973 is unconstitutional. We reverse the judgment and order that the charge be reinstated.

The trial court erred in holding that section 12-22-319,...

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