People v. Summers

The district attorney appeals from a judgment and order of the district court dismissing an indictment of the grand jury which charged defendant-appellee with two counts of second-degree assault, section 18-3-203, C.R.S. 1973 (1978 Repl. Vol. 8). The defendant filed a pretrial motion to dismiss the indictment pursuant to section 16-5-204(4)(k), C.R.S. 1973 (1978 Repl. Vol. 8) which provides:

“The district court before which the indicted defendant is to be tried shall dismiss any indictment of the grand jury if such district court finds, upon the filing of a motion by the indicted defendant…