STATE v. PRIME

No. 244-78.

403 A.2d 270 (1979)

STATE of Vermont v. Richard F. PRIME.

Supreme Court of Vermont.

June 5, 1979.


Attorney(s) appearing for the Case

Dale O. Gray, Caledonia County State's Atty., and Christopher B. Leopold, Deputy State's Atty., St. Johnsbury, for plaintiff.

James L. Morse, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant.

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


HILL, Justice.

The defendant was charged with the crimes of sexual assault (two counts) and simple assault. He was found guilty of all counts by a jury, and he timely appeals from the judgment thereon. We reverse.

I.

The defendant contends that the State failed to prove Count 1 of the information. That count charged a violation of 13 V.S.A. § 3252(1)(A), which makes it a crime to compel another person, not a spouse, to participate in a sexual...

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