State v. Kitchen

James Kitchen appeals from his conviction of statutory rape in the second degree. Among other claims of error he argues that, although the jury was instructed on the necessity of a unanimous agreement on guilt or innocence, it was not instructed that it must unanimously agree on the specific criminal act, of several acts testified to, that was proved beyond a reasonable doubt. He claims that the lack of such an instruction, or an election by the State of the specific act to be considered, denied him his right to a unanimous verdict. We reverse.

Kitchen was charged with one count of statutory…