STATE v. REED


459 A.2d 178 (1983)

STATE of Maine v. Glenn REED.

Supreme Judicial Court of Maine.

Decided April 26, 1983.


Attorney(s) appearing for the Case

John R. Atwood, Dist. Atty. (orally), Belfast, for plaintiff.

Silsby & Silsby, Sandra Hylander Collier (orally), Ellsworth, for defendant.

Before McKUSICK, C.J., and GODFREY, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.


CARTER, Justice.

After a trial in Superior Court (Waldo County), a jury found the defendant guilty of Rape, in violation of 17-A M.R. S.A. § 252(1)(B), Class A (1980). Because we find reversible error in the trial justice's refusal to instruct concerning the defense that the victim had been a voluntary social companion of the defendant at the time of the incident, 17-A M.R.S.A. § 252(3) (1983), we vacate the judgment and remand for a new trial.

The...

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