State v. Van Pelt

Charles P. Van Pelt, Jr., appeals his felony convictions by a jury on two counts of incest, one count of sexual assault, and one count of attempted sexual intercourse without consent in the District Court of the Fifth Judicial District, Beaverhead County. We affirm.

Appellant raises two issues on appeal:

1. Whether the District Court erred in failing to subpoena an out-of-state witness.

2. Whether the District Court erred in granting the State’s motion in limine which precluded the introduction of evidence under § 45-5-511(4), MCA.

Charles Van Pelt, Jr. was charged by information on February 22,…