State v. Saraceno

Edgerton, J.*

Robert Saraceno appeals a conviction of third-degree rape, contending (1) the court should have granted appellant's motion for new trial because the court gave an instruction during jury deliberation without consulting the appellant, his counsel, or the prosecuting attorney; and (2) the court erred when it denied an in camera *474examination of the victim to determine if she had lied to appellant's counsel about her sexual history.

The jury in this case retired to deliberate about 5 p.m. At approximately 11:15 p.m., the jurors requested the bailiff to provide them with a definition of…