HAMMOND v. PEOPLE

No. 22034.

423 P.2d 331 (1967)

Robert HAMMOND, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

February 6, 1967.


Attorney(s) appearing for the Case

Terrance L. Farina, Grand Junction, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., James W. Creamer, Jr., Asst. Atty. Gen., for defendant in error.


PER CURIAM.

Robert Hammond, defendant in the trial court, was charged under C.R.S. '53, 40-2-25 with what is commonly referred to as statutory rape, and, under C.R.S. '53, 40-2-34, with assault to commit rape. Following trial, he was convicted by a jury of the first charge and on April 7, 1965, was sentenced to a term of 12 to 30 years in the penitentiary.

The People's evidence was that Hammond had threatened the prosecutrix with a shotgun and with a knife...

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