WALTERS v. STATE


578 S.W.2d 652 (1978)

Lonnie Ray WALTERS, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee.

August 11, 1978.


Attorney(s) appearing for the Case

J. Harvey Cameron, Jasper, for appellant.

Brooks McLemore, Jr., Atty. Gen., Robert E. Kendrick, Asst. Atty. Gen., Nashville, J. William Pope, Dist. Atty. Gen., Pikeville, William C. Killian, Asst. Dist. Atty. Gen., Jasper, for appellee.


OPINION

DAUGHTREY, Judge.

The defendant-appellant, Lonnie Ray Walters, was convicted by a jury of assault and battery with intent to commit rape, and he was sentenced to serve three to ten years in the penitentiary. The sole question on appeal is whether the trial court erred in excluding evidence of the 13 year old victim's alleged prior sexual activities. The defendant insists that because the defense of consent was raised at trial, he had the "right"...

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