ARMSTEAD v. PEOPLE

No. 22758.

452 P.2d 8 (1969)

Oscar ARMSTEAD, Jr., Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied April 14, 1969.


Attorney(s) appearing for the Case

Menin & Harthun, Samuel D. Menin, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., James F. Pamp, Asst. Atty. Gen., Denver, for defendant in error.


McWILLIAMS, Chief Justice.

In a four count information one Oscar Armstead, Jr., hereinafter referred to as the defendant, was charged with kidnapping, assault to rape, forcible rape and assault with a deadly weapon, namely, a knife. In each of these four counts the victim was designated as one Clara C. Sainz, who hereinafter will be referred to as the prosecutrix.

Upon trial, at the conclusion of all the evidence, the trial court on motion dismissed the count...

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