Opinion by Judge ROY.
Pursuant to section 16-12-102(1), C.R.S. 2009, and C.A.R. 4, the prosecution appeals a trial court order excluding the testimony of defendant's sister under CRE 807, the residual exception to the rule against hearsay. As a result of that order, the case was dismissed at the prosecution's request.
The question presented here is whether a trial court's dismissal of an indictment without prejudice before trial at the prosecution's request...
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