STATE v. HOOPER

No. 87-119.

557 A.2d 880 (1989)

STATE of Vermont v. Michael L. HOOPER.

Supreme Court of Vermont.

Motion for Reargument Denied January 26, 1989.


Attorney(s) appearing for the Case

Joel Page, Lamoille County State's Atty., Hyde Park, for plaintiff-appellee.

Edwin W. Free, Jr. of Richard E. Davis Associates, Inc., Barre, for defendant-appellant.

Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


DOOLEY, Justice.

Defendant, who was convicted of sexual assault pursuant to 13 V.S.A. § 3252(3), appeals his conviction. Defendant argues that the trial judge abused his discretion in excluding allegedly relevant scientific evidence. As to part of the evidence, a semen sample, we find that the trial court made a correct evidentiary ruling. As to the other part of the evidence, the absence of defendant's hair on the victim's body, we find that the defendant failed...

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