STATE v. LaROSE

No. 146-78.

408 A.2d 651 (1979)

STATE of Vermont v. Robert W. LaROSE.

Supreme Court of Vermont.

October 24, 1979.


Attorney(s) appearing for the Case

John A. Rocray, Windham County State's Atty., and Linda Levitt, Deputy State's Atty., Brattleboro, for plaintiff.

Weber, Fisher, Perra & Gibson, Brattleboro, for defendant.

Before BARNEY, C. J., DALEY, LARROW and HILL, JJ., and SMITH, J. (Ret.), Specially Assigned.


BARNEY, Chief Justice.

After eight and a half hours of deliberation the jury found the defendant guilty of sexual assault, 13 V.S.A. § 3252(1)(B), of a girl that he picked up as a hitchhiker. The defendant asserts a number of errors in the receipt of evidence, plus the failure to prove one essential element of the case. The matter is here for review.

The trial began with testimony from a state trooper whose principal evidence was a recitation of the story...

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