McLACHLAN v. PEOPLE, 164 Colo. 556 (1968)

(436 P.2d 353)

Donald V. McLachlan v. The People of the State of Colorado.

No. 22255.Supreme Court of Colorado.
Decided January 22, 1968.

Defendant was convicted of assault with intent to commit rape and committing act of unnatural carnal knowledge, and brought error.

Affirmed.

1. RAPE — Assault — Intent — Record — Sufficiency of Evidence. Reviewing court is of the view that record reflects sufficient evidence to support conviction of defendant of the crime of assault with intent to commit rape.

Error to the District Court of the City and County of Denver, Honorable Sherman G. Finesilver, Judge.

Bruce Ownbey, for plaintiff in error.

Duke W. Dunbar, Attorney General, Frank E. Hickey, Deputy, James F. Pamp, Assistant, for defendant in error.

In Department.

MR. CHIEF JUSTICE MOORE delivered the opinion of the Court.

Plaintiff in error was named defendant in a two-count information in which he was accused of (1) an assault with intent to commit rape; and (2) committing an act of “unnatural carnal knowledge.”

Upon trial to a jury he was found guilty on both charges and was sentenced to the state penitentiary for a term of from eighteen months to

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five years on each count, sentences to run concurrently.

[1] The only point relied on for reversal of either judgment is that, with reference to the count charging assault with intent to commit rape, there was no evidence sufficient to justify submission of that question to the jury, and that the motion made by counsel for a directed verdict thereon should have been sustained. We have read the record and find no merit to this argument.

The judgments are affirmed.

MR. JUSTICE McWILLIAMS, MR. JUSTICE PRINGLE and MR. JUSTICE KELLEY concur.