People v. McCormick

Opinion by

MR. JUSTICE LEE.

Appellant was convicted by a jury of first-degree burglary (1965 Perm. Supp., C.R.S. 1963, 40-3-5(1)) and forcible rape (C.R.S. 1963, 40-2-25), and was sentenced to the penitentiary. We affirm the judgment.

The burglary and rape occurred during the late afternoon of November 10, 1970. Appellant gained entry into the prosecutrix’s apartment on the pretext of making a telephone call. After using the phone briefly, instead of leaving the apartment he seized the prosecutrix and with physical force violently overcame her resistance, disrobing her and raping her three…