People v. Von Tersch

Defendant-respondent, hereinafter referred to as defendant, was cited in Adams County Court for violation of a section of the Motor Vehicle Statute relating to suspension systems (1971 Perm. Supp., C.R.S. 1963, 13-5-166). On the ground that the section of the statute is unconstitutional, defendant moved to dismiss the charge against him. The county court granted the motion. On appeal by the People to the district court, the declaration of unconstitutionality of the statute was affirmed.

No testimony was adduced in the trial court; thus the statute was declared void on its face. The statute…