State v. Audette

When the crime charged is a sexual offense against an eight-year old child, the presumption of innocence is always in danger of being overborne by outrage. The burden on the court to see to the impartiality of the trial proceedings is intensified. The exercise of discretion is a heavier responsi bility, and this Court- must give appropriate respect to its proper exercise.

The trial here resulted in conviction for lewd and lascivious conduct with a child. The respondent, on appeal, argues four errors. The first relates to the denial of examination of pretrial statements of a principal witness,…