PEOPLE EX REL. GALLAGHER v. DIST. COURT, ETC.

No. 82SA389.

656 P.2d 1287 (1983)

The PEOPLE of the State of Colorado ex rel. Robert R. GALLAGHER, Jr., District Attorney in and for the Eighteenth Judicial District, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF ARAPAHOE, STATE OF COLORADO, and the Honorable John P. Gately, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 31, 1983.


Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., Catherine DiSante, Deputy Dist. Atty., Littleton, for petitioner.

Leonard M. Chesler, Denver, for respondents.


LOHR, Justice.

In this original proceeding under C.A.R. 21, we issued a rule directing the Arapahoe County District Court to show cause why it should not be prohibited from reducing the charge against the defendant from first degree murder1 to second degree murder2 as a sanction for failing to preserve the victim's hands in a condition suitable for trace metal testing by the defendant. We now discharge the...

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