Brown, Etc. v. District Court in and for Jefferson County

This is an original proceeding. In response to pretrial motions, the respondent district court declared unconstitutional section 18-4-411, C.R.S. 1973 (1978 Repl. Vol. 8), which creates a criminal statutory presumption. The district court, therefore, stated that it would not instruct the jury as to the presumption. Also, the district court ordered that seven separate informations be tried together. We issued a rule to show cause and we now discharge the rule.

I

The defendant, Roberto Brugno, was charged by seven three-count informations with the crimes of theft, section 18-4-401, C.R.S. 1973,…