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PEOPLE v. WAGGONER

Nos. 27991, 28075.

595 P.2d 217 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Dennis WAGGONER, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kent WAGGONER & Max Yocam, Defendant-Appellees.

Supreme Court of Colorado, En Banc.

On Rehearing May 29, 1979.

Attorney(s) appearing for the Case

W. Terry Ruckriegle, Special Deputy Dist. Atty., Georgetown, for plaintiff-appellant.

No appearance entered for Dennis Waggoner, defendant-appellee.

Andersen & Gehlhausen, S. Ford Andersen, Lamar, for defendants-appellees Kent Waggoner and Max Yocam.

No appearance for defendant-appellees.

KELLEY, Justice.

This is an appeal by the People from a judgment of acquittal entered by the District Court of Las Animas County after trial to a jury resulted in the jury's being discharged without reaching a verdict. The constitutional provision on double jeopardy prohibits a retrial of the defendants under the circumstances. The greatest relief we can grant the People is to disapprove the judgment entered by the trial judge, and we grant that relief.

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