State v. Percy

The defendant, Robert Percy, was convicted after a trial by jury of sexual assault in violation of 13 V.S.A. § 3252. The court, after entertaining defendant’s post-trial motions, entered judgment on the verdict. On appeal, defendant claims that the combined error of (1) the prosecutor’s improper remarks in closing argument; (2) the trial court’s decision to admit certain expert testimony; and (3) the trial court’s confusing and misleading jury instructions denied him his right to a fair trial. We reverse.

On the evening of December 7, 1980, the complainant was driving south on Route 12 between…