DUPONT, C. J.
The defendant was convicted after a trial to a jury of first degree sexual assault, a violation of General Statutes § 53a-70. During the trial, he asserted an alibi defense and, after the judgment of guilty was rendered, was sentenced to a twelve year term of imprisonment. The defendant claims on appeal that the trial court erred (1) in refusing to issue a capias to secure the attendance of a witness expected by him
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