Gilmore v. People

Opinion by

Mr. Chief Justice McWilliams.

Gary Allen Gilmore, hereinafter referred to as the defendant, was convicted by a jury of simple assault (C.R.S. 1963, 40-2-33) and unnatural carnal copulation (C.R.S. 1963, 40-2-31). The defendant was thereafter sentenced to six months in the county jail on the assault charge and to a term in the state penitentiary for his conviction on the charge of unnatural carnal copulation. By the present writ of error the defendant seeks reversal of his conviction on the charge of unnatural carnal copulation.

The defendant was charged with committing unnatural…