UNITED STATES v. MERRIVAL

No. 79-1039.

600 F.2d 717 (1979)

UNITED STATES of America, Appellee, v. Daniel Joseph MERRIVAL, a/k/a Danny Merrival, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1979.


Attorney(s) appearing for the Case

Lawrence E. Long, Martin, S.D., for appellant.

Shelley M. Stump, Asst. U.S. Atty., Sioux Falls, S.D. (argued), for appellee; Robert D. Hiaring, U.S. Atty., Sioux Falls, S.D., on brief.

Before LAY, ROSS and McMILLIAN, Circuit Judges.


McMILLIAN, Circuit Judge.

Appellant, Daniel Joseph Merrival, appeals from a judgment entered on a jury verdict finding him guilty of assault with intent to commit rape. For reversal he argues that the trial court erred (1) in failing to grant his motion for a mistrial following the prosecution's violation of the court's order limiting the testimony of Dr. Warren; (2) in limiting his attempt to elicit testimony regarding complainant's prior sexual conduct and reputation...

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