MARN v. PEOPLE

No. 23879.

486 P.2d 424 (1971)

Daniel Alvin MARN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

June 28, 1971.


Attorney(s) appearing for the Case

Edward H. Sherman and William J. Chisholm, Public Defenders in and for the City and County of Denver, Truman E. Coles, Asst. Deputy Public Defender, David A. Fogel, Asst. Public Defender, and Randolph M. Karsh, Deputy Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Hoecker, Asst. Atty. Gen., Denver, for defendant in error.


OYER G. LEARY, District Judge.*

The plaintiff in error, hereinafter referred to as defendant, was by a jury convicted of the crime of felonious assault, on a child under age sixteen. The motion for new trial set forth two points of error, being (1) incompetency to testify of the two minor State witnesses, being the victim age nine years, and her sister age ten years; and (2) failure to grant judgment of acquittal at close of People's case...

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