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STATE v. MOORE

158 Conn. 461 (1969)

STATE OF CONNECTICUT v. JAMES A. MOORE

Supreme Court of Connecticut.

Decided November 6, 1969.

Attorney(s) appearing for the Case

John M. Byrne, assistant public defender, with whom, on the brief, was John A. O'Reilly, Jr., for the appellant (defendant).

Joseph F. Skelley, Jr., assistant state's attorney, with whom, on the brief, was John D. LaBelle, state's attorney, for the appellee (state).

KING, C. .T., ALCORN, HOUSE, THIM and RYAN, JS.

ALCORN, J.

The defendant was arraigned on an information containing two counts. In the first count he was accused of rape in violation of § 53-238 of the General Statutes. The second count charged incest in violation of § 53-223 of the General Statutes. The accusation in the second count is separate and distinct in its elements from that made in the first count so that error as to the second count would not invalidate a judgment on the first count. State...

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