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JOHNSON v. PEOPLE

No. 23631.

473 P.2d 974 (1970)

Matthew JOHNSON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied September 14, 1970.

Attorney(s) appearing for the Case

Truman Coles, Asst. State Public Defender, Earl S. Wylder, David G. Manter, Deputy State Public Defenders, Denver, for plaintiff in error.

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

HODGES, Justice.

Defendant Matthew Johnson was convicted on a charge of rape. At the trial by jury, the defendant took the stand and testified that he did have intercourse with the complaining witness, but with her consent and at her invitation after he caught her while she was attempting to steal his automobile.

During the cross-examination on this testimony by the district attorney, the following questions were asked and answered:

Q. "Now, Mr. Johnson...

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