Lancaster v. People

We granted certiorari to review the decision of the court of appeals in People v. Lancaster, 43 Colo. App. 328, 605 P.2d 67 (1979), affirming the petitioner’s conviction for sexual assault on a child, section 18-3-405, C.R.S. 1973 (1978 Repl. Vol. 8). We affirm the judgment of the court of appeals.

The charge in this case arose out of an incident occurring on September 3, 1977, and involving the petitioner-defendant (defendant), a victim who was not quite three years old, and the victim’s seven-year-old brother. The evidence at the trial established that the defendant, who was an adult-friend…