People v. Garner

Opinion by

MR. JUSTICE LEE.

Appellant was convicted by a jury of forcible rape, in violation of 1971 Perm. Supp., C.R.S. 1963, 40-3-401(l)(a). We affirm the conviction.

For a full understanding of appellant’s arguments, we set forth in detail the procedural history of the case against appellant. Appellant was initially charged with one count of rape and an additional count of deviate sexual intercourse by force, in violation of 1971 Perm. Supp., C.R.S. 1963, 40-3-403(1)(a). Upon trial to a jury, a verdict of guilty was returned as to the rape count. The jury could not agree upon the second count…