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SMITH v. STATE

A92A1533.

206 Ga. App. 184 (1992)

424 S.E.2d 864

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided November 5, 1992.

Attorney(s) appearing for the Case

Sarah M. Tipton-Downie, D. Duston Tapley, Jr., for appellant.

Richard A. Malone, District Attorney, Melvin E. Hyde, Assistant District Attorney, for appellee.

JOHNSON, Judge.

Hosea Smith was tried and convicted of rape. He appeals.

1. Smith contends that the trial court erred in refusing to allow evidence regarding the victim's alleged past sexual behavior.

OCGA § 24-2-3 (b) provides that "[i]n any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court . . . finds that the past sexual behavior directly involved the participation...

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