STATE v. MACHUNSKY

No. 71-69.

274 A.2d 513 (1971)

STATE of Vermont v. Donald MACHUNSKY.

Supreme Court of Vermont, Chittenden.

February 2, 1971.


Attorney(s) appearing for the Case

James M. Jeffords, Atty. Gen., and William T. Keefe, Asst. Atty. Gen., for the State.

David B. Smith, Jr., Burlington, for defendant.

Before HOLDEN, C. J., BARNEY, SMITH and KEYSER, JJ., and HILL, Superior Judge.


SMITH, Justice.

The defendant was convicted of rape (a violation of 13 V.S.A. Sec. 3201) as a result of trial by jury in Vermont District Court, Chittenden Circuit, Unit No. 2, on March 20, 1969. On his appeal to this Court he has presented two questions for our determination.

Should a conviction of rape be allowed to stand where there is no evidence independent of the prosecutrix's testimony that intercourse, an essential element of the crime of rape, did...

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