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STATE v. SHAW

No. 86-033.

542 A.2d 1106 (1987)

STATE of Vermont v. Dana SHAW.

Supreme Court of Vermont.

Reargument Denied January 22, 1988.

Attorney(s) appearing for the Case

James P. Mongeon, Rutland County State's Atty., Rutland, for plaintiff-appellee.

David W. Curtis, Defender Gen., and Henry Hinton, Appellate Defender, Montpelier, for defendant-appellant.

Before ALLEN, C.J., PECK, J., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and COSTELLO, District Judge (Ret.), Specially Assigned.

ALLEN, Chief Justice.

Defendant appeals from convictions for sexual assault and felony trespass in violation of 13 V.S.A. §§ 3252(1)(C) and 3705(d). We affirm in part and reverse in part.

The complainant testified that defendant, an acquaintance, appeared uninvited at her apartment door at about 3 o'clock in the morning. He persuaded her to let him in. After using her bathroom, he emerged clad in a towel...

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