People v. McClure

The defendant, Clarence McClure, was convicted of sexual assault on a child by one in a position of trust, § 18-3-405(2)(b), 8B C.R.S. (1986). The defendant appealed and the case was subsequently transferred from the Colorado Court of Appeals to this court pursuant to section 13-4-110(l)(a), 6A C.R.S. (1987). 1 We reverse the defendant’s conviction and remand for a new trial.

I

The defendant, a 68-year-old retiree, lived with his wife in a three-bedroom house in Denver. In 1983, defendant’s daughter, Patricia, and her husband, Dennis, moved into the defendant’s home. They brought with them…