State v. Martin
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree sexual assault. Defendant appealed, contending that the trial justice erred in (1) refusing to give Defendant's requested jury instructions on the defense of consent, (2) admitting certain testimony under the excited-utterance exception to the hearsay rule, and (3) denying his motion to dismiss the indictment due to irregularities in the grand jury proceedings. The Supreme Court affirmed, holding that the trial justice (1) did not err in refusing to instruct the jury on a consent defense that was unsupported by any of the testimony given at trial; (2) did not abuse its discretion in admitting the testimony under the excited-utterance exception to the hearsay rule; and (3) did not err in denying Defendant's request to dismiss the indictment, as any error that may have occurred during the grand jury proceeding was harmless.
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