State v. Haddock

STROUD, Judge.

Defendant Kinsey C. Haddock, III, appeals from judgment entered upon a jury verdict finding him guilty of second degree rape. The dis-positive question presented by this case is whether, when a criminal defendant is tried for second degree rape on the theory of mental incapacitation, it is error for the trial court to fail to instruct the jury that it must find beyond a reasonable doubt that the victim’s mental incapacitation was due to an act committed upon the victim. Because we conclude that it is, we reverse defendant’s conviction and remand for a new trial.

I. Background

The…