State v. Smith

BRADY, Justice.

The sole question presented is whether there is a reasonable likelihood that the trial court’s instruction to the jury on second-degree rape impermissibly lessened the State’s burden to prove the elements of force and lack of consent beyond a reasonable doubt. Because the trial court failed to instruct the jurors that they must find the dispositive fact in this case beyond a reasonable doubt, we hold that the jury instructions were flawed and affirm the Court of Appeals order granting defendant a new trial.

After being indicted by a grand jury on 21 October 2002, defendant…