WHITE v. PEOPLE

No. 24396.

494 P.2d 585 (1972)

James Henry WHITE, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 6, 1972.


Attorney(s) appearing for the Case

Moyers & Dunlap, Robert Dunlap, Colorado Springs, for plaintiff in error.

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


KELLEY, Justice.

James Henry White was convicted by a jury of forcible rape. C.R.S. 1963, 40-2-25. The defendant is here by writ of error, following denial of his motion for new trial. Counsel here did not represent the defendant in the trial court.

The issue before the jury was whether or not the intercourse was forcible or consensual.

The material facts are brief. The entire episode, which consumed about one hour near midnight, commenced in a laundromat...

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