Walker v. State

HOLLAND, Justice.

The defendant-appellant, Joseph Walker, was indicted on two counts of Rape in the Second Degree, two counts of Rape in the Third Degree, one count of Reckless Endangering in the First Degree and one count of Distributing Alcohol to a Minor. Prior to trial, the State entered a nolle prosequi on the Distributing Alcohol to a Minor charge. At trial the Superior Court submitted the two counts of Rape in the Third Degree to the jury as a lesser included offense to each count of Rape in the Second Degree, rather than as separate charges.

Following a jury trial in the Superior Court,…