STATE v. BRUYETTE

No. 90-098.

604 A.2d 1270 (1992)

STATE of Vermont v. Joseph BRUYETTE.

Supreme Court of Vermont.

January 10, 1992.


Attorney(s) appearing for the Case

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

Robert Katims of Martin & Paolini, Barre, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


JOHNSON, Justice.

We decide today that, in a prosecution for sexual assault, evidence of a defendant's prior consensual sexual relations may be admitted, under V.R.E. 404(b), to show identity.

Defendant was tried by a jury for sexual assault, pursuant to 13 V.S.A. § 3252(a)(1)(C), and for burglary, pursuant to 13 V.S.A. § 1201. The evidence established that on April 21, 1987, at approximately 1:00 a.m., defendant forcibly entered the victim's apartment...

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