PEOPLE v. McCORMICK

No. 25348.

508 P.2d 1270 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John F. McCORMICK, Defendant-Appellant.

Supreme Court of Colorado, In Department.

Rehearing Denied April 16, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Vincent Cristiano, Denver, for defendant-appellant.


LEE, Justice.

Appellant was convicted by a jury of first-degree burglary (1965 Perm.Supp., C.R.S.1963, 40-3-5(1)) and forcible rape (C.R.S.1963, 40-2-25), and was sentenced to the penitentiary. We affirm the judgment.

The burglary and rape occurred during the late afternoon of November 10, 1970. Appellant gained entry into the prosecutrix's apartment on the pretext of making a telephone call. After using the phone briefly, instead of leaving the apartment...

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