STATE v. WINTER

No. 93-130.

648 A.2d 624 (1994)

STATE of Vermont v. Neal WINTER.

Supreme Court of Vermont.

Motion for Reargument Denied July 20, 1994.


Attorney(s) appearing for the Case

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

Barry E. Griffith, Rutland, for defendant-appellant.

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


DOOLEY, Justice.

Defendant Neal Winter was convicted of one count of sexual assault in violation of 13 V.S.A. § 3252(a)(1)(A). He now appeals, raising the single issue that evidence that he committed a sexual assault on another woman, over four years prior to the charged incident, was improperly admitted. We agree and reverse and remand for a new trial.

The incidents for which defendant was charged occurred on two nights in November 1991. Defendant was...

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