STATE v. LEMAY

No. 2004-493, November Term, 2005

908 A.2d 430 (2006)

2006 VT 76

State of Vermont v. Joseph Roger Lemay

Supreme Court of Vermont

July 28, 2006.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, David Tartter, Assistant Attorney General, and Sara R. Parsowith, Legal Intern (On the Brief), Montpelier, for Plaintiff-Appellee.

Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant.

PRESENT: Reiber, C.J., Dooley, Johnson, Skoglund and Burgess, JJ.


JOHNSON, J.

¶ 1. Defendant Joseph Roger Lemay appeals from his conviction on two counts of lewd and lascivious conduct with a child and one count of sexual assault. Defendant argues that the trial court erred by allowing inadmissible hearsay testimony, and that the State failed to present sufficient evidence to support a conviction on the charge of sexual assault. We hold that the court improperly allowed hearsay testimony, and we reverse and remand.

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