TATE OF MONTANA,v.
MICHAEL CARL HASER
1. Did the District Court err in denying Haser's motion to dismiss for lack of speedy
trial?
2. Was the evidence before the jury sufficient to sustain the conviction of sexual
intercourse without consent?
We therefore conclude that there was insufficient evidence to support a conviction for sexual intercourse without consent. We hold that a rational trier of fact could not have properly found that the essential element "without consent" due to the victims being "incapable of consent" pursuant to § 45-5-501(1)(b), MCA, had been proven beyond a reasonable doubt.
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