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JACKSON v. DISTRICT COURT IN & FOR TENTH JUD. DIST.

No. 26601.

528 P.2d 1307 (1974)

Oliver T. JACKSON, Petitioner, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT and State of Colorado and the Honorable Jack E. Seavy, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 2, 1974.

Attorney(s) appearing for the Case

Davis, Cooper, Kelley & McMartin, Michael O. Kelley, Pueblo, for petitioner.

J. E. Losavio, Jr., Dist. Atty., Cecil Turner, Asst. Dist. Atty., Pueblo, for respondents.

HODGES, Justice.

In the trial court, petitioner Jackson moved for a dismissal of a rape charge filed against him. The ground for the motion was that a statutory provision, as interpreted by him, states that no prosecution may be instituted or maintained when the victim of the rape fails to notify the district attorney or other law enforcement official within three months after she reaches her 16th birthday. Petitioner claims the victim in this case failed to give...

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