STATE v. GONYAW

No. 84-118.

507 A.2d 944 (1985)

STATE of Vermont v. Wayne GONYAW.

Supreme Court of Vermont.

Reargument Denied February 7, 1986.


Attorney(s) appearing for the Case

Philip H. White, Orleans County State's Atty., Newport, for plaintiff-appellee.

David Carpenter and William A. Nelson, Appellate Defenders, Montpelier, for defendant-appellant.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.


ALLEN, Chief Justice.

The defendant appeals his conviction of sexual assault. 13 V.S.A. § 3252(1)(A). The judgment is reversed and the matter remanded for a new trial.

The alleged assault occurred on August 3, 1983 at the complainant's home. The defendant and complainant had had a relationship which had commenced approximately six years earlier. They had lived together and were sexually intimate during some of this period.

Prior to trial the defendant...

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