State v. Levitt

This two-count indictment charges the defendant with an assault with a dangerous weapon, to wit, a pistol, and with committing an abominable and detestable crime against nature, to wit, fellatio. The Superior Court trial justice reduced the first count to simple assault at the close of the state’s case and, after the jury found the defendant guilty on both counts, imposed a sentence of 10 years on the fellatio count and a deferred sentence on the other charge. The case is now here on the defendant’s appeal, which relates solely to the fellatio conviction.

At the trial the prosecution called as…