State v. Pecora

Defendant appeals from a Yellowstone County District Court conviction on one count of sexual intercourse without consent.

The issues presented are: (1) whether the District Court erred in refusing a Smith-type jury instruction; (2) whether the jury was properly instructed on the consent issue; and (3) whether the court erred in refusing to order depositions of two witneses,

On the night of July 2, 1979, defendant and his twenty-year-old adopted daughter (the victim) were alone at the family home in Billings. They passed the evening in routine family pursuits. At *117about 10:00 p.m., the victim…