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CLAXTON v. PEOPLE

No. 22360.

434 P.2d 407 (1967)

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

Supreme Court of Colorado, In Department.

December 4, 1967.

Attorney(s) appearing for the Case

Bernard P. O'Kane and Thomas J. Zavislan, Lakewood, for plaintiff in error.

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

PRINGLE, Justice.

A jury found Robert Freddie Claxton (hereinafter called Claxton or defendant) guilty of kidnaping and assault with intent to commit rape. He was sentenced to the State Penitentiary for three to four years on each count, the sentences to run concurrently.

An information filed July 23, 1965, charged Claxton and one Leonard Lewis LaMaster with two counts of kidnaping and one count of assault with intent to commit rape. Claxton's motion for severance...

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