STATE v. PALIN

No. 14063.

675 P.2d 49 (1983)

STATE of Idaho, Plaintiff-Respondent, v. Alvin Leroy PALIN, Defendant-Appellant.

Court of Appeals of Idaho.

December 28, 1983.


Attorney(s) appearing for the Case

Eric T. Nordlof, of Nordlof & Loats, Coeur d'Alene, for defendant-appellant.

David H. Leroy, Atty. Gen. by Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

Following a jury trial, Alvin Palin was convicted of two counts of rape and of both first and second degree kidnapping. On appeal he contends that the district court erred (1) by excluding evidence at trial of the rape victim's prior sexual conduct; (2) by refusing to declare a mistrial after the prosecutor asked Palin "how many times" he had been convicted of prior felonies; and (3) by denying a motion for a new trial made upon information received...

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