State v. Hughes

610 A.2d 559, 158 Vt. 398, 1992 Vt. LEXIS 66
CourtSupreme Court of Vermont
DecidedMay 8, 1992
DocketNo. 90-294
StatusPublished
Cited by3 cases

This text of 610 A.2d 559 (State v. Hughes) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hughes, 610 A.2d 559, 158 Vt. 398, 1992 Vt. LEXIS 66 (Vt. 1992).

Opinion

Gibson, J.

Defendant Wayne Hughes raises three issues in this appeal of his conviction for sexual assault. He argues first that the trial court’s instruction allowed the jury to convict him on a theory of liability not charged in the information; second, that the prosecutor made comments in closing argument that impaired his right to a fair trial; and third, that the trial court erred in refusing to allow opinion evidence under V.R.E. 608(a). We affirm.

On November 21, 1989, defendant was charged with “engaging in a sexual act with J.R., a minor to whom he was not married, consisting of contact between the penis and vulva, contrary to 13 V.S.A. § 3252(3).” The victim testified that defendant had repeated sexual contact with her on a single day in the spring of 1988. Her testimony included references to contact between defendant’s tongue and her vagina as well as contact between defendant’s penis and her vagina. Defendant did not object to the victim’s testimony regarding oral contact. The trial court’s instruction to the jury included the following definition of “sexual act,” taken substantially from 13 V.S.A. § 3251(1)

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Cite This Page — Counsel Stack

Bluebook (online)
610 A.2d 559, 158 Vt. 398, 1992 Vt. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hughes-vt-1992.