State v. Lemieux

Gaines, J. †

The appellant was convicted of the crime of rape and seeks a new trial on the ground of misconduct of a state witness before the jury in the absence of the court and counsel.

The state’s proof was that appellant invaded the home of Mrs. ... in Kitsap County in the early morning of October 15, 1966, and forcibly raped her. Identity was established by testimony of the victim who recognized him as a person she had known in school, and by a fingerprint of appellant on a glass he had handled when he forced her to pour him a drink of wine. The victim’s stepfather delivered the wine glass…