PEOPLE v. LOWE

No. 75-304.

565 P.2d 1352 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald LOWE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

May 19, 1977.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James S. Russell, Asst. Atty. Gen., Thomas Casey, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendant-appellant.


SILVERSTEIN, Chief Judge.

The defendant, Donald Lowe, appeals the judgment of conviction on charges of rape, second-degree kidnapping, and menacing. We reverse.

The prosecutrix testified at trial that in January 1974, as she was walking to her home following a visit to a girl friend in the neighborhood, the defendant stopped his vehicle nearby and approached her with a pistol. According to the prosecutrix, the defendant ordered her into the vehicle, drove...

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