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PEOPLE v. COLE

No. 79SA562.

654 P.2d 830 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael Lee COLE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 29, 1982.

Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Guy Till, Deputy Dist. Atty., Appellate Div., Keith D. Johnson, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Gregory Walta, State Public Defender, John M. Richilano, Deputy State Public Defender, Denver, for defendant-appellee.

LEE, Justice.

The People appeal two evidentiary rulings which were made during the Denver District Court trial of Michael Lee Cole on charges of first degree assault, section 18-3-202, C.R.S. 1973 (1978 Repl.Vol. 8). After a jury trial on the charges, the defendant was found not guilty. Although the constitutional prohibition of double jeopardy precludes a retrial of the defendant under these circumstances, the People have exercised their statutory right to appeal...

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