STATE V. SMITH 554 A.2d 713 (1989) CASE BRIEF

STATE V. SMITH

554 A.2d 713 (1989)

NATURE OF THE CASE: Smith (D) sought review of a judgment, which convicted him of sexual assault in the first degree.

FACTS: T, was a 26-year-old woman, that went to D's apartment the first night she met D after D paid for her dinner. T and D were introduced by a friend. When at the apartment T claimed that D would not back off after he gave T the first kiss. T verbally complained about D not letting go of her. D also claimed that he had not paid for her dinner earlier for nothing. T claimed she spit on his face, tried kicking him off, but eventually T realized that it was useless to resist because D indicated that he would make it hard on her, and then she decided to give in. She testified at trial, that after she decided to give in that she tried to convince D that she was not going to fight and was going to go along with him and enjoy it. They had sex in the bedroom and when asked for her number T gave D a fake phone number. She accepted sherbet ice cream as she waited for a cab to take her home. T placed her pink cigarette lighter under the couch to prove that she had been there. She left and told the cab driver to take her to the police station and she filed a complaint. D was arrested and the cigarette lighter was just where she had placed it. D was convicted and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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