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STATE v. SHASHATY

(3172)

8 Conn. App. 387 (1986)

STATE OF CONNECTICUT v. TIMOTHY C. SHASHATY

Appellate Court of Connecticut.

Decision released August 5, 1986.

Attorney(s) appearing for the Case

John R. Williams, for the appellant (defendant).

Steven M. Sellers, deputy assistant state's attorney, with whom, on the brief, was John J. Kelly, chief state's attorney, for the appellee (state).

HULL, SPALLONE and BIELUCH, JS.

HULL, J.

The defendant was convicted after a jury trial of sexual assault in the first degree and unlawful restraint in the first degree, in violation of General Statutes §§ 53a-70 (a) and 53a-95 (a), respectively. The defendant appeals from his judgment of conviction claiming that the trial court made two errors: (1) in giving the jury a "missing witness" instruction adverse to the defendant when there was no showing that the witness was available; and...

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