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CONSTANTINE v. PEOPLE

No. 24689.

499 P.2d 309 (1972)

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

Supreme Court of Colorado, En Banc.

July 24, 1972.

Attorney(s) appearing for the Case

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Randolph M. Karsh, Deputy State Public Defender, Denver, for plaintiff in error.

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

GROVES, Justice.

Defendant, plaintiff in error here, was convicted of rape. His sole claim on this writ of error is that the jury instruction given relating to the presumption of innocence constituted reversible error. We affirm.

The instruction given was the one disapproved by this court in Martinez v. People, 172 Colo. 82, 470 P.2d 26 (1970). It reads as follows:

"The law presumes the defendant to be innocent, and...

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