UNITED STATES v. DRIVER

No. 78-5023.

581 F.2d 80 (1978)

UNITED STATES of America, Appellee, v. Thomas DRIVER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1978.


Attorney(s) appearing for the Case

Phillip G. Kelley, Asst. U. S. Atty., Charlotte, N. C. (Harold M. Edwards, U. S. Atty., Charlotte, N. C., on brief), for appellee.

R. Phillip Haire, Sylva, N. C. (Ben Oshel Bridgers, Holt, Haire & Bridgers, Sylva, N. C., on brief), for appellant.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.


PER CURIAM:

The sole issue in Thomas Driver's appeal from a rape conviction based on 18 U.S.C. §§ 1153 and 2031 is the district court's ruling, on the government's motion at the start of trial, that the defense would be forbidden to inquire into the sexual history of the victim except as to any prior sexual contact the victim might have had with the defendant. We affirm.

The evidence showed that Driver was behaving in a generally belligerent manner...

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