State v. Eaton

Daley, I.

The defendant was charged with the crime of rape, 13 V.S.A. § 3201. In a trial by jury during which he testified in his own behalf, made no motions for acquittal and took no objections to the court’s instructions to the jury, a verdict of guilty was returned. Following the verdict, the defendant moved to set it aside and for a new trial, alleging that the verdict was unsupported by the evidence and against the weight of the evidence. From the denial of his motion, he appeals to this Court.

Although not specifically stated, the motion denied by the trial court was in effect a…