(517 P.2d 466)
No. C-334Supreme Court of Colorado.
Decided January 7, 1974.
Defendant was convicted in the county court of violation of 1969 Perm. Supp., C.R.S. 1963, 40-23-3, which makes it unlawful to mutilate, deface and defile a flag of the United States with intent to cast contempt thereupon. On appeal to the district court his conviction was affirmed and certiorari was granted.
Reversed
1. UNITED STATES — Flag — Mutilation — Statute — Unconstitutional — People v. Vaughan. 1969 Perm. Supp., C.R.S. 1963, 40-23-3, which makes it unlawful to mutilate, deface and defile a flag of the United States with intent to cast contempt thereupon, is unconstitutional on its face. People v. Vaughan.
Certiorari to the District Court of Adams County, Honorable Jean J. Jacobucci, Judge.
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Rollie R. Rogers, State Public Defender, J.D. MacFarlane, Chief Deputy, Dorian E. Welch, Deputy, for petitioner.
Floyd Marks, District Attorney, Seventeenth Judicial District, James E. Heiser, Deputy, for respondent.
En Banc.
PER CURIAM
[1] Defendant was convicted in the County Court of Adams County of violation of 1969 Perm. Supp., C.R.S. 1963, 40-23-3.
The People have confessed error and concede that in light of People v. Vaughan, 183 Colo. 40, 514 P.2d 1318 (1973), the statute in question is unconstitutional on its face. We agree for the reasons set forth in the above cited opinion.
The judgment is reversed and the cause remanded with directions to dismiss the complaint filed against the defendant.
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