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STATE v. WILLIAMS

Nos. 302-77, 303-77.

406 A.2d 375 (1979)

STATE of Vermont v. John WILLIAMS.

Supreme Court of Vermont.

Motion for Reargument Denied August 15, 1979.

Attorney(s) appearing for the Case

Gregory W. McNaughton, Washington County State's Atty., and Philip H. White, Deputy State's Atty., Montpelier, for plaintiff.

James L. Morse, Defender Gen., William A. Nelson, Appellate Defender, David Curtis, Acting Appellate Defender, and Steve Dunham, Appellate Counsel, Montpelier, for defendant.

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

BARNEY, Chief Justice.

The defendant was charged by the state's attorney with lewd and lascivious conduct with a minor child in violation of 13 V.S.A. § 2602. Trial by jury was waived and the defendant found guilty of three offenses under this statute. The court found him not guilty of a kidnapping charge. Sentencing has been accomplished, and the defendant brings this appeal.

Three issues are raised. The first relates to the burden of the State to establish...

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