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STATE v. MESSA

No. 90-132-C.A.

594 A.2d 882 (1991)

STATE v. Thomas J. MESSA.

Supreme Court of Rhode Island.

July 24, 1991.

Attorney(s) appearing for the Case

Jane M. McSoley, Sp. Asst. Atty. Gen., Providence, for plaintiff.

Catherine A. Gibran, Barbara Hurst, Richard Casparian, Office of Public Defender, Providence, for defendant.

OPINION

WEISBERGER, Justice.

This case comes before us on the defendant's appeal from a conviction of one count of second-degree sexual assault. We reverse. The facts of the case insofar as they are pertinent to this appeal are as follows.

During the summer of 1983 thirteen-year-old Todd Buford (Todd) and his seventeen-year-old brother, James Buford (James), were delivering newspapers in their neighborhood. As they delivered a newspaper to the home...

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