Opinion
No. 24936
Decided June 26, 1972.
Defendant was charged with embezzlement of public moneys under pertinent statute and charge was dismissed on ground that statute was constitutional.
Affirmed by Operation of Law
Appeal from the District Court of the City and County of Denver, Honorable Robert T. Kingsley, Judge.
James D. McKevitt, District Attorney, Second Judicial District, Gregory A. Mueller, Assistant, Thomas P. Casey, Deputy, Coleman M. Connolly, Deputy, for plaintiff-appellant.
Epstein, Lozow and Preblud, Donald Lozow, Gary Lozow, for defendant-appellee.
Mr. Chief Justice Pringle, Mr. Justice Day and Mr. Justice Erickson are in favor of affirmance; whereas Mr. Justice Kelly, Mr. Justice Groves and Mr. Justice Lee are in favor of reversal. Mr. Justice Hodges did not participate. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by C.A.R. 35(e).