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PEOPLE v. BARGER

No. 26999.

550 P.2d 1281 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lee Phillip BARGER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 14, 1976.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Joseph M. Goldhammer, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for defendant-appellant.

DAY, Justice.

Defendant appeals his conviction of gross sexual imposition in violation of 1971 Perm.Supp., C.R.S.1963, 40-3-402(1)(a).1 We affirm.

The record reflects that the victim, a seventeen year old high school student, was hitchhiking when defendant offered her a ride. The girl consented to running some errands with him and also agreed to accompany him to his apartment. The victim testified that defendant carried her into...

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