STATE v. AVEEN

No. 41149.

169 N.W.2d 749 (1969)

STATE of Minnesota, Respondent, v. George AVEEN, Jr., Appellant.

Supreme Court of Minnesota.

July 25, 1969.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Rosalie E. Wahl, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., James J. O'Connor, Asst. Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, James C. Harten, County Atty., Mankato, Charles C. Johnson, Dist. Pros., Mankato, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON and FRANK T. GALLAGHER, JJ.


OPINION

PETERSON, Justice.

Defendant appeals from the judgment of conviction under a charge of raping a 19-year-old girl. The only substantial issue is whether it was prejudicial error to admit evidence, in the prosecution's case in chief, that the complaining witness was a virgin prior to the alleged rape, where the defendant made no direct attack upon her prior chastity but in cross-examining her as to the circumstances of the encounter undertook to establish...

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