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CITY AND COUNTY OF DENVER v. WAITS

No. C-1627.

595 P.2d 248 (1979)

The CITY AND COUNTY OF DENVER, Petitioner, v. Harold WAITS, Respondent.

Supreme Court of Colorado, En Banc.

May 29, 1979.

Attorney(s) appearing for the Case

Max P. Zall, City Atty., Lee G. Rallis, Don K. DeFord, Asst. City Attys., Denver, for petitioner.

Montano & Encinas, Duane Montano, Denver, for respondent.

GROVES, Justice.

We granted certiorari to review, and now reverse the judgment of the Superior Court of the City and County of Denver concerning section 845.1-1 of the Denver Revised Municipal Code (flourishing a dangerous weapon).

The respondent, Waits, was charged in the county court with flourishing a dangerous and deadly weapon under the above ordinance which reads in part:

".1-1. It shall be unlawful for any person to wear under his clothes,...

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