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PEOPLE IN INTEREST OF M. M.

No. 77-1040.

582 P.2d 692 (1978)

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of M. M., a child, Appellant, and concerning Mr. and Mrs. T. D. M., Respondents-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 25, 1978.

Certiorari Denied August 8, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Felipe V. Ponce, Asst. Atty. Gen., Denver, for petitioner-appellee.

Sheldon Emeson, Lamar, for respondents-appellants.

VanCISE, Judge.

The appellant, M.M., was decreed to be a delinquent child based upon a jury finding that the charge of sexual assault upon a child had been proven beyond a reasonable doubt. He appeals. We reverse.

Section 18-3-405(1), C.R.S.1973 (1976 Cum.Supp.), provides:

"Any actor who subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than 15 years of age and the actor is at least...

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