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PEOPLE v. FRENCH

Nos. 87SA143, 87SA144.

762 P.2d 1369 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph Lawrence FRENCH and Thomas A. Atkins, Defendants-Appellees. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael CALLAN and Robert Callan, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 11, 1988.

Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Golden, for plaintiff-appellant.

Springer and Steinberg, Jeffrey A. Springer, Harvey A. Steinberg, Keller, Dunievitz, Johnson & Wahlberg, Alex Stephen Keller, Denver, for defendants-appellees.

VOLLACK, Justice.

The People appeal two orders of dismissal of the Jefferson County District Court, holding that section 18-5-115(1)(a), 8B C.R. S. (1986), of the charitable fraud statute, is unconstitutionally overbroad. We affirm.

I.

On December 19, 1986, indictments were returned in the Jefferson County District Court against Joseph L. French and Thomas A. Atkins, corporate officers of Bristlecone Telemarketing, Inc., charging them with charitable...

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