PEOPLE v. LITSEY

No. 26539.

555 P.2d 974 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Evert Owen LITSEY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 15, 1976.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., J. Stephen Phillips, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


PRINGLE, Chief Justice.

The defendant, Evert Owen Litsey, was charged by information with rape, first-degree kidnapping, and with being an habitual criminal. The jury returned a verdict of guilty of the lesser-included offense of gross sexual imposition and a verdict finding the defendant to be an habitual criminal. The defendant appeals, alleging numerous errors. We affirm.

The evidence, viewed in the light most favorable to the prosecution, showed that on...

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