ABEYTA v. PEOPLE

No. 18117.

305 P.2d 1063 (1957)

Sammy ABEYTA and Robert Gonzales, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied February 4, 1957.


Attorney(s) appearing for the Case

James A. Cain, Lakewood, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John W. Patterson, Asst. Atty. Gen., for defendant in error.


KNAUSS, Justice.

Plaintiffs in error (herein referred to as defendants) were charged in a three count information filed in the district court of Rio Grande County, Colorado, with (1) assault with intent to commit rape; (2) forcible rape, and (3) statutory rape. Defendants entered pleas of not guilty and on the trial the third count of the information was dismissed.

At the close of the People's case defendants moved for a directed verdict of not guilty on counts...

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