State v. Baby

Opinion by BATTAGLIA, J., which GREENE and CATHELL, JJ., join; HARRELL, J., joins Part I; BELL, C.J., joins Part II.

The case sub judice presents this Court principally with the task of determining whether it was error for a trial court, during a rape trial, to respond to jury questions concerning the effect of post-penetration withdrawal of consent by referring the jury to previously provided instructions on the ele*223ments of first degree rape, without further clarification. The second issue we address is whether, regardless of any error by the trial court in instructing the jury as to the…