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PEOPLE v. DIST. CT. WITHIN & FOR SIXTH JUD.

No. 28445.

595 P.2d 1045 (1979)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT WITHIN AND FOR the SIXTH JUDICIAL DISTRICT of the State of Colorado, and the Honorable William S. Eakes, one of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

June 11, 1979.

Attorney(s) appearing for the Case

Craig S. Westberg, Dist. Atty., Durango, for petitioner.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Timothy A. Patalan, Deputy State Public Defender, Denver, for respondents.

ROVIRA, Justice.

The People brought this original proceeding to review the district court's ruling that evidence presented at the preliminary hearing did not establish probable cause for a prosecution under the second-degree murder statute, section 18-3-103(1)(a), C.R.S.1973 (now in 1978 Repl.Vol. 8). The court then bound Paul Loscutoff, the defendant, over for trial on the lesser included offense of criminally negligent homicide, section 18-3-105, C.R.S.1973 (now...

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