STATE v. SMITH

No. 89-76.

396 A.2d 126 (1978)

STATE of Vermont v. Richard SMITH a/k/a Kevin West.

Supreme Court of Vermont.

Motion for Reargument Denied November 17, 1978.


Attorney(s) appearing for the Case

Michael J. Sheehan, Windsor County State's Atty., White River Junction, and William T. Keefe, South Burlington, for plaintiff.

James L. Morse, Defender Gen., Charles S. Martin, Appellate Defender, Robert M. Paolini, Deputy Public Defender and Geoffrey Yudien, Montpelier, and John Franco, Law Clerk (on brief), for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BARNEY, Chief Judge.

This is a prosecution for the rape of a sixteen year old babysitter and the murder of her charge, her eight year old cousin. As is so frequent in cases involving serious criminal violence, sanity is a critical issue. It is the principal concern of the appeal.

The killing is conceded, both below and here, and no issues separately contesting the rape conviction are urged here. No extended recital of facts is required. The defendant was twenty...

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