State v. O'Neill

The State appeals from an order of the Superior Court (Groff, J.) setting aside the jury’s guilty verdict on two *183charges of aggravated felonious sexual assault, in a manner effecting judgment for the defendant, notwithstanding the verdict. The judge overturned the jury’s verdict on the basis that the jury could not, as a matter of law, find a necessary element of the offense, penetration, beyond a reasonable doubt. After reviewing the transcript of the evidence presented, we affirm.

The two indictments charged the defendant with twice sexually assaulting his son in 1985. The defendant had…