PEOPLE v. McKINNEY

No. 27031.

556 P.2d 894 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Timothy Alfred McKINNEY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 29, 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.

Rupert M. Ryan, Boulder, for defendant-appellant.


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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