State v. Owen

In State v. Owen, 40 Conn. App. 132, 145-46, 669 A.2d 606, cert. denied, 236 Conn. 912, 673 A.2d 114, cert. denied, 237 Conn. 922, 676 A.2d 1376 (1996) the Courtreversed the judgment of conviction of sexual assault in the first degree on the ground of insufficient evidence. In Owen, the substitute information alleged that the defendant "engaged in sexual intercourse, specifically cunnilingus," with the victim "during the months of October through December, 1989 . . . ." Id., 142. The testimony of the victim, who was the only witness, did not "present us with a specific date for the cunnilingus incident." Id. The Court therefore held that "the evidence did not support a conclusion that the jury could have reasonably concluded beyond a reasonable doubt that the act of cunnilingus occurred on or after October 1, 1989"; id., 145-46.