STATE v. GRAHAM

No. 78-1278.

58 Ohio St. 2d 350 (1979)

THE STATE OF OHIO, APPELLANT, v. GRAHAM, APPELLEE.

Supreme Court of Ohio.

Decided June 13, 1979.


Attorney(s) appearing for the Case

Mr. David E. Lighttiser and Mr. Robert L. Becker, for appellant.

Messrs. Steiner, Berryhill, Wince & Shaheen and Mr. John C. Berryhill, for appellee.


Per Curiam.

The sole inquiry presented by this cause is whether the trial court committed prejudicial error in excluding appellee's proposed evidence of his prior sexual conduct with the victim. The question of the constitutionality of the statute is not before us.

R. C. 2907.02(D) provides, in applicable part, that evidence of specific instances of the victim's past sexual activity with the accused is admissible at trial only where the court determines...

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