VILLAFRANCO v. STATE

40359, 40360, 40498.

252 Ga. 188 (1984)

313 S.E.2d 469

VILLAFRANCO v. THE STATE. VILLAFRANCO v. THE STATE. DAVIS v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied March 6, 1984.


Attorney(s) appearing for the Case

Jones, Bordeaux & Associates, John Wright Jones, Noble L. Boykin, Jr., Calhoun, Hubbard, Riddle & Cox, George M. Hubbard III, for appellant (case no. 40359).

Martin S. Jackel, for appellant (case no. 40360).

Hudson & Galloway, William A. Dowell, for appellant (case no. 40498).

Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.


HILL, Chief Justice.

Guadalupe Villafranco, his brother Carlos, and Jeffrey Davis were tried by a jury and convicted of rape.1 They appeal, arguing that in two respects the trial court misconstrued Georgia's rape shield statute, OCGA § 24-2-3 (Code Ann. § 38-202.1), thereby erroneously excluding evidence relevant to their defense. They argue in the alternative that if the trial court correctly construed the statute, it is unconstitutional...

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