State v. Burgoyne

CARTER, Justice.

After a jury trial in Superior Court (Pe-nobscot County), the defendant, David Burgoyne, was convicted of rape, 17-A M.R. S.A. § 252(1)(B) (1982). On appeal, he contends (1) the trial judge erred in denying his motion for judgment of acquittal because there was insufficient evidence to prove penetration and (2) he was denied a fair trial because of the prosecutor’s improper and inflammatory closing remarks. We affirm the conviction.

The complainant was a girlfriend of the defendant’s brother. She had met the defendant approximately twice during the past eight years. In May,…