SWEENEY, J.
¶ 1 This appeal follows a conviction for second degree rape. The State alleged, and its evidence showed, that the victim was not capable of consent because she had been drinking to excess. The defendant's evidence showed that the victim was capable of consent and included the defendant's own perception that he reasonably believed that the victim was capable of consent. The court then, over the defendant's objection, instructed the jury that it was...
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