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CONSTANTINE v. PEOPLE

No. 24445.

495 P.2d 208 (1972)

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

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 17, 1972.

Rehearing Denied April 24, 1972.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colo. State Public Defender, Kenneth J. Russell, Deputy State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Denver, for plaintiff in error.

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

HODGES, Justice.

Defendant Constantine, and two others, were charged with unnatural carnal copulation and conspiracy to commit the same. At the time of the alleged offenses, the defendant, the other participants, and the victim, were fellow inmates at the Denver County Jail. A jury found the defendant not guilty of committing the act itself, but guilty of conspiracy to commit the act. The defendant urges reversal on the basis of several assignments of error, one of...

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