PEOPLE v. MARTIN

No. 78-888.

602 P.2d 873 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Carol Ellsworth MARTIN, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 16, 1979.

Certiorari Denied November 13, 1979.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Clawson & Potter, P. C., H. Clifford Potter, Colorado Springs, for defendant-appellant.


STERNBERG, Judge.

Defendant, Carol Ellsworth Martin, was convicted on four counts of sexual assault on a child based on alleged acts of sexual intercourse occurring between November 1977 and February 1978 and involving two of his nieces who were among the members of his household at that time. On defendant's appeal, we reverse.

His first contention of error is that the trial court should not have admitted testimony relating to instances of sexual intercourse...

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