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People v. Hauschel11/20/1975
Defendant appeals his conviction of first degree criminal trespass (§ 18-4-502, C.R.S. 1973), third degree misdemeanor assault (§ 18-3-204, C.R.S. 1973), and attempted sexual assault (§ 18-3-407, C.R.S. 1973 and § 18-2-101, C.R.S. 1973). These were lesser offenses to more serious charges contained in the information. We affirm the convictions.
Two young women lived together in a small cabin east of Glenwood Springs near Interstate 70. They retired shortly before midnight on the evening of January 23, 1974, one on the floor in a sleeping bag at the foot of a bed in which the other slept. They were awakened in the small hours of the morning by a male intruder. Since the room was illuminated by the glow of two electric heaters and the light of a street lamp coming through a picture window, they were able to see him. While there was some discrepancy in their later descriptions of his clothing, both said the intruder had light brown hair, had a scarf covering the lower part of his face, and wore a jacket and leather or suede gloves. He was armed with a knife.
Upon being awakened, one of the women moved toward the intruder and ordered him to leave. He cut her hand with the knife and instructed her either to "Get back or it will be her throat," or "Get back or it will be your throat." He said things would be "okay" if they did as directed and
ordered them to "Get nude." They did not comply and a struggle ensued during which the second woman was cut by the knife on the shoulder and arm and struck in the face. She broke away and ran from the residence to a neighbor's cabin, followed soon by the first woman. Having enlisted the aid of a male neighbor, the women started back toward their cabin, at which time they saw the intruder enter a blue and white pickup truck and driver westerly toward Glenwood Springs.
The women were taken to a hospital for treatment. One required a number of stitches in her shoulder and arm, and the other's hand also required stitches.
At about 3:00 a.m. on the morning in question, a Glenwood Springs police sergeant received a call from his dispatcher informing him of the attack and giving a description of the pickup truck. Observing a vehicle matching the description traveling west on Interstate 70, he followed it for three-quarters of a mile before stopping it and asking for the driver's license and registration. Shortly thereafter, the sergeant was joined by another police officer and both testified at the trial that the driver was, in their opinion, impaired but not under the influence of alcohol. After reporting to the police dispatcher and being told that the sheriff's department did not wish to come to the scene, the officers released the suspect. At the trial, the sergeant identified the defendant as being the driver of the pickup and testified that he had noted the defendant, on the night in question, was wearing a plaid jacket and that he had a black scabbard on his belt.
On the afternoon after the attack the sheriff procured an arrest warrant and, after advising the defendant of his rights, took him into custody. Later that day, officers armed with a search warrant returned to defendant's house and seized a knife, several pairs of trousers, a pair of shoes, and one leather glove found in the pickup truck parked beside the door of defendant's home. Significantly, the mate to the leather glove was found near the women's cabin. The district attorney took part in the execution of this search warrant, and it was he who found both a scabbard and
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