State v. Shay

Malone, J.:

*721 Scott W. Shay appeals his convictions of rape and aggravated criminal sodomy of S.P. He raises two issues on appeal. First, Shay claims that because the State failed to present sufficient evidence that S.P. was unconscious or physically powerless, one of *722 the alternative means of committing both charges, both convictions must be reversed. Second, Shay claims the district court erred in overruling his objections to jury instructions discouraging the jury from exercising its power of nullification. *80 For reasons we will explain more fully in this opinion, we agree with Shay's first…