Abeyta v. People

Plaintiffs in error (herein referred to as defendants) were charged in a three count information filed in the district court of Rio Grande County, Colorado, with (1) assault with intent to commit rape; (2) forcible rape, and (3) statutory rape. Defendants entered pleas of not guilty and on the trial the third count of the information was dismissed.

At the close of the People’s case defendants moved for a directed verdict of not guilty on counts one and two, basing the motion on the claim that the People had “failed to prove by any competent evidence” the allegations of these counts or either…