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PEOPLE IN INTEREST OF W.C.L.

No. 81CA0200.

650 P.2d 1302 (1982)

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of W.C.L., Jr., Minor Child-Appellant, and Concerning W.L. and M.L., Respondents-Appellees.

Colorado Court of Appeals, Div. I.

Rehearings Denied April 29, 1982.

Certiorari Granted August 23, 1982.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Susan P. Mele, Asst. Atty. Gen., Denver, for petitioner-appellee.

J. Gregory Walta, Colorado State Public Defender, Deborah S. Waldbaum, Deputy State Public Defender, Denver, for minor child-appellant.

SILVERSTEIN*, Judge.

W.C.L., Jr., was found guilty by a jury of acts which if committed by an adult would constitute sexual assault on a minor under § 18-3-405, C.R.S. 1973 (1978 Repl. Vol. 8). On appeal he asserts two grounds of error: The admission of an out-of-court statement of the victim as an excited utterance, and the admission of the victim's out-of-court statements to a doctor during examination by the doctor under the medical...

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