FITZPATRICK v. PEOPLE

No. 21383.

412 P.2d 893 (1966)

Earl Eugene FITZPATRICK, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied April 25, 1966.


Attorney(s) appearing for the Case

John F. McGrath, Pueblo, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John E. Bush, Asst. Atty. Gen., George H. Sibley, Sp. Asst. Atty. Gen., Denver, for defendant in error.


MOORE, Justice.

The plaintiff in error will be referred to as the defendant. An information was filed in the district court of Pueblo county in which he was accused in separate counts of statutory rape and taking indecent liberties with the fourteen year old niece of his wife. Upon trial to a jury he was found guilty of statutory rape as charged in the first count of the information. The second count, indecent liberties, was dismissed. Judgment entered on the verdict...

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