People v. Murphy

This case was transferred here from the Court of Appeals because it involves the constitutionality of a statute.

The defendant, J. C. Murphy, was convicted in Denver District Court of rape1 and aggravated robbery.2 He seeks reversal claiming there was insufficient evidence to identify him as the assailant and insufficient evidence that money was taken. Further, he attacks as unconstitutional that portion of the aggravated robbery statute3 making a defendant’s verbal representation that he has a deadly weapon prima facie evidence that he is so armed. We affirm both convictions.

The victim, a…