PEOPLE v. BUHRLE

No. 86SA113.

744 P.2d 747 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Everett BUHRLE and Kathleen Ann Buhrle, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 2, 1987.


Attorney(s) appearing for the Case

Roger B. Larsen, Dist. Atty., Jeffrey A. Manning, Asst. Dist. Atty., Canon City, Steven B. Rich, Deputy Dist. Atty., Fairplay, for plaintiff-appellant.

David F. Vela, Colo. State Public Defender, Barbara S. Blackman, Deputy State Public Defender, Denver, for defendant-appellee Everett Buhrle.

Marshall & Marshall, Julie G. Marshall, Canon City, for defendant-appellee Kathleen Ann Buhrle.


ERICKSON, Justice.

The defendants, Everett and Kathleen Ann Buhrle, were charged in an information with sexual assault on a child in violation of section 18-3-405, 8 C.R.S. (1978 and 1985 Supp.). At the preliminary hearing, the district court dismissed the charge against both defendants on the ground that the prosecution failed to establish the age differential between the victim and the principal, Kathleen Ann Buhrle, under section 18-3-405, which requires the actor...

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