Supreme Court of Colorado October 23, 1973, 25458 (People v. Murphy)

MR. JUSTICE HODGES

delivered the opinion of the Court.

This is an appeal by the district attorney who challenges the trial court’s dismissal of burglary and theft charges against defendant Murphy. The basis for dismissal was the trial court’s finding that the trial of the defendant was delayed for more than one year and that Crim. P. 48(b) thus required dismissal.

In pertinent part, Crim. P.