People v. Marion

The defendant (appellant), Charles E. Marion, was convicted by a jury of assault with intent to commit rape. C.R.S. 1963, 40-2-34. The primary issues which were preserved on appeal and which are before us for determination relate to the effect of a prior photographic display on the victim’s in-court identification and to the amendment of the information in the course of the defendant’s trial. A detailed statement of the facts is not necessary to the resolution of either of the issues which are before us.

The defendant argues that the intended rape victim based her in-court identification on…