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PEOPLE v. GIBSON

Nos. 25908 and 25845.

521 P.2d 774 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. George E. GIBSON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 15, 1974.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief App. Deputy Dist. Atty, Denver, for plaintiff-appellant.

Milnor H. Senior, P. C., Denver, for defendant-appellee.

Paul H. Hunter, Denver, Milo N. Gonser, Lakewood, William F. Reynard, Denver, amicus curiae, for American Civil Liberties Union of Colorado.

GROVES, Justice.

George E. Gibson, the appellee, was charged with violating 1971 Perm.Supp., C.R.S.1963, 40-9-113(2) (c) which provides:

"A person commits a class 1 petty offense if he: Loiters for the purpose of engaging or soliciting another person to engage in... deviate sexual intercourse."

Prior to trial the county court held the statute unconstitutional and granted appellee's motion to dismiss. The People have now brought this appeal...

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