STATE v. JOHNSON

No. 824SC1218.

311 S.E.2d 50 (1984)

STATE of North Carolina v. James Leon JOHNSON.

Court of Appeals of North Carolina.

February 7, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Francis W. Crawley, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Ann B. Petersen, Raleigh, for defendant-appellant.


JOHNSON, Judge.

Defendant raises one question in his appeal: Whether the trial court improperly excluded evidence that the prosecuting witness suffered a sexual assault about two years previously. For the reasons set forth below, we answer the question in the affirmative. The court ruled that "evidence of and mention of an alleged prior sexual assault" was irrelevant and inadmissible since it did not fall within the purview of any specific exception in the rape victim...

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