PEOPLE v. CHMIELEWSKI

1. CRIMINAL LAW — Appeal — Prosecution — Dismissed — Failure to Raise — Question of Law — Statute. Appeal by prosecution — from ruling of district court which set aside a verdict of guilty on finding of insufficient identity of goods allegedly the subject of a theft charge against defendant — was improper under statute (Colo. Sess. Laws 1972, ch. 44, 39-12-102 at 253) and accordingly is dismissed since no question of law was raised.

PER CURIAM

[1] This appeal by the District Attorney of Pueblo County stems from a ruling of the district court setting aside a verdict of guilty returned by a jury.

Not a single question of law is raised by the brief for the People. The action of the court was grounded on a finding of insufficient identity of goods allegedly the subject of a theft charge against the defendant. The prosecution would have us review this ruling in spite of Colo. Sess. Laws 1972, ch. 44, 39-12-102 at 253, which permits the prosecution to appeal on only questions of law.

The appeal is dismissed.