Washington V. Coe

Kevin Coe appeals his conviction of three counts of first degree rape. The primary issues on appeal are whether the admission  of testimony by previously hypnotized witnesses was proper and whether the State proved the use or threatened use of a deadly weapon -- one of the elements of first degree rape. We reverse the two counts in which witnesses were hypnotized, and affirm the third count which involved no hypnosis. We conclude the elements of first degree rape were met, and accordingly we affirm the conviction of one count of first degree rape.