State v. Messa

OPINION

WEISBERGER, Justice.

This case comes before us on the defendant’s appeal from a conviction of one count of second-degree sexual assault. We reverse. The facts of the case insofar as they are pertinent to this appeal are as follows.

During the summer of 1983 thirteen-year-old Todd Buford (Todd) and his seventeen-year-old brother, James Buford (James), were delivering newspapers in their neighborhood. As they delivered a newspaper to the home of defendant, Thomas J. Messa (Messa), he came to the door and invited the two boys inside for some milk and cookies.

Todd testified that he and his…