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PEOPLE v. SALINAS

No. 26325.

551 P.2d 703 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eloy G. SALINAS, a/k/a Eloy Barnhart, et al., Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 19, 1976.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Deborah L. Bianco, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, Attorneys for Defendants-Appellants Eloy G. Salinas and Florencio B. Sanchez. Steven Silvern, Denver, for defendant-appellant Manuel Tovar.

HODGES, Justice.

Each of the defendants was found guilty by a jury of one count of statutory rape.1 The defendants' main contentions for reversal are that the evidence was insufficient as a matter of law to sustain their convictions and that the statutory rape statute was unconstitutional because it applied only to male offenders.

At trial, the twelve-year old victim testified that on the night of July 27, 1973, she and a girl...

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