GROVES, Justice.
The defendant was charged with three felony counts involving force and threat of serious bodily injury or harm: one of rape (section 18-3-401, C.R.S.1973); and two of deviate sexual intercourse (section 18-3-403, C.R.S.1973). After trial to the court without a jury he was acquitted of the felony charges but was found guilty of sexual assault, a class one misdemeanor, as a lesser included offense under one of the latter counts. Section 18-3-407, C...
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