State v. Ovitt

Defendant appeals, after trial by jury, from a conviction of lewd and lascivious conduct in violation of 13 V.S.A. § 2601. We affirm.

While leaving for work one day, the complaining witness observed defendant masturbating while standing by his mother’s barn, located across the road from the witness’s residence. Instead of driving to her job, she immediately drove to her husband’s place of business to tell him what had happened. She called her babysitter and told her to lock the doors. The witness then called the police, who arrested defendant after an investigation.

Prior to trial, defendant…