PEOPLE v. MYERS

No. 25118.

485 P.2d 877 (1971)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Fred Alan MYERS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 14, 1971.


Attorney(s) appearing for the Case

Jarvis W. Seccombe, Dist. Atty., Coleman M. Connolly, Deputy Dist. Atty., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Truman E. Coles, Asst. State Public Defender, David A. Fogel, Deputy State Public Defender, Denver, for defendant-appellant.


GROVES, Justice.

This is an interlocutory appeal by a defendant charged with burglary from an order denying the defendant's motion to suppress. The district attorney has confessed error and we reverse, although for a reason somewhat different from that given by the district attorney.

The articles involved were found in the defendant's residence during execution of a search warrant. The affidavit upon which the warrant was predicated contained the following...

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