STATE v. McKNIGHT

No. 90-623.

820 P.2d 1279 (1991)

STATE of Montana, Plaintiff and Respondent, v. Franklin F. McKNIGHT, Defendant and Appellant.

Supreme Court of Montana.

Decided November 14, 1991.

Rehearing Denied December 30, 1991.


Attorney(s) appearing for the Case

J. Dirk Beccari, Missoula, for defendant and appellant.

Marc Racicot, Atty. Gen., Elizabeth L. Griffing, Asst. Helena, M. Shaun Donovan, County Atty., Superior, for plaintiff and respondent.


WEBER, Justice.

Defendant was found guilty of sexual intercourse without consent after a jury trial in the District Court for the Fourth Judicial District, Mineral County. Defendant appeals. We affirm.

The issues for our consideration are:

1. Did the District Court abuse its discretion by allowing evidence of prior sexual assaults?

2. Did the District Court err by denying defendant's motion for mistrial?

On December 20, 1989, Franklin...

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