Attorney(s) appearing for the Case
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Morris, Asst. Atty. Gen., Denver, for plaintiff-appellee.
J. Gregory Walta, Colo. State Public Defender, Cynthia C. Cederberg, Deputy State Public Defender, Denver, for defendant-appellant.
Colorado Court of Appeals, Div. III.
Defendant, Timothy Gene Evans, appeals his conviction by a jury of first degree sexual assault in violation of § 18-3-402, C.R.S.1973 (1978 Repl. Vol. 8). We reverse.
On May 18, 1978, the complaining witness reported that she had been sexually assaulted by a man who had given her a ride home from work. On the basis of information she supplied to the police, defendant was arrested the following day.
At a pretrial suppression hearing...
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