BROWN v. STATE

No. CR78-149.

581 S.W.2d 549 (1979)

Johnny Charles BROWN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division 1.

January 29, 1979.


Attorney(s) appearing for the Case

John W. Achor, Public Defender, Little Rock, for appellant.

Bill Clinton, Atty. Gen. by Jesse L. Kearney, Asst. Atty. Gen., Little Rock, for appellee.


BYRD, Justice.

Prior to the rape trial of Johnny Charles Brown, the State filed a motion in limine, seeking to prohibit any mention of prior sexual conduct between the prosecuting witness and Brown. From the trial court's interlocutory ruling that the prior sexual contact between appellant and the prosecutrix was not relevant to Brown's defense of consent, Brown brings this appeal pursuant to Ark.Stat.Ann. § 41-1810.2(c) (Repl.1977).

The record reflects...

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