No. 24778.

500 P.2d 365 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard David CHAVEZ, also known as Richard Chavez, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

August 28, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Patricia W. Robb, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

Levi Martinez, Pueblo, for defendant-appellant.

LEE, Justice.

Richard Chavez was charged in the district court of Pueblo County with forcible rape and statutory rape under C.R.S.1963, 40-2-25(1) (b) and (d). The charges arose from an alleged act of sexual intercourse between the defendant and an unmarried seventeen-year-old girl on December 14, 1969, in Pueblo, Colorado.

The jury found Chavez guilty of statutory rape and he was sentenced to the state penitentiary.

The evidence showed that in the...

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