Luna v. People

Opinion by

Mr. Justice Kelley.

The plaintiff in error, Phillip Luna, was charged with statutory rape. C.R.S. 1963, 40-2-25. The jury returned a verdict of guilty.

The defendant is here on a writ of error. He assigns as error (1) the trial court’s refusal to give his tendered Instruction -No. 2, and (2) the trial court’s denial of his motion for judgment of acquittal.

I

The testimony of the victim concerning events leading up to and following the alleged rape was corroborated by the state’s only other witness, Glen Howard Fay, age seventeen. In addition, Fay testified that the defendant admitted to…