BANEY v. PEOPLE

No. 17442.

275 P.2d 195 (1954)

John Herbert BANEY, Plaintiff in Error, v. PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

October 25, 1954.


Attorney(s) appearing for the Case

Robert B. Lee, M. O. Shivers, Jr., Englewood, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank A. Wachob, Deputy Atty. Gen., Norman H. Comstock, Asst. Atty. Gen., for defendant in error.


KNAUSS, Justice.

Plaintiff in error, herein referred to as defendant, was charged in an information filed October 15, 1953 by the district attorney in and for Arapahoe County, Colorado, with murder and assault to rape. On December 17, 1953 an additional count was added to the information charging defendant with forcible rape. The victim named was one Dorothy H. Gall. To each of these counts defendant entered pleas of not guilty. Trial was commenced on January 19,...

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