Supreme Court of Colorado June 30, 1975, 26678 (People v. Montoya)

MR. JUSTICE GROVES

delivered the opinion of the Court.

This is an interlocutory appeal from the trial court’s order granting the defendant’s motion to suppress tangible evidence. The defendant is charged with possession of a narcotic drug (heroin) and with theft (over $100). A warrant had been issued for the search during which the evidence was seized.