STATE v. WETHERBEE

No. 89-633.

594 A.2d 390 (1991)

STATE of Vermont. v. Lee A. WETHERBEE.

Supreme Court of Vermont.

May 3, 1991.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and David Tartter, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Wool, Murdoch & Hughes, Burlington, for defendant-appellant.

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


MORSE, Justice.

The principal issue in this appeal from a conviction for lewd or lascivious conduct with a child, 13 V.S.A. § 2602, is whether an examining psychologist's testimony about the child's account of how the crime happened, and who did it, was harmless error. The testimony was an impermissible expert opinion that the child-victim was believable. The error was sufficiently prejudicial to require reversal of the conviction, and accordingly we remand for...

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