State v. Wells

Defendant’s primary defense was alibi. Indeed, even after verdict and judgment he proclaimed his total innocence. This was a jury question resolved by the jury against defendant under proper instructions.

There was, however, another jury question raised by the evidence upon which the jury was not properly instructed. The majority opinion accurately states the evidence of the prosecu-trix. One reasonable interpretation of that evidence is that the intruder intended to persuade the prosecutrix to engage in consensual, albeit illicit, sexual intercourse. The factual basis for this interpretation…