
    No. 26620
    The People of the State of Colorado v. Edward T. Chmielewski
    (529 P.2d 1337)
    Decided January 6, 1975.
    
      J. E. Losavio, Jr., District Attorney, James R. Gmelin, Deputy, for plaintiff-appellant.
    No appearance for defendant-appellee.
    
      En Banc.
    
   PER CURIAM

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.  