People v. Czajkowski

These are three separate appeals by the defendants. They were consolidated before any briefs were filed. By separate information, each defendant was charged with theft of auto parts under section 42-5-104, C.R.S. 1973. One defendant was charged with taking a tire and wheel from a car; the second defendant with removing a car battery and battery cable; and the third defendant with removing and taking four wheels and tires. In each case the charge was dismissed by reason of the district court’s ruling that the statute is unconstitutional. The first dismissal was entered by Judge Greene on…