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STATE v. STUIT

No. 94-228.

885 P.2d 1290 (1994)

STATE of Montana, Plaintiff and Respondent, v. Duane STUIT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Mark T. Errebo, Deputy Public Defender, Billings, for appellant.

Hon. Joseph P. Mazurek, Attorney General, Patricia Jordan, Assistant Attorney General, Helena; Dennis Paxinos, Yellowstone County Attorney, Marcia Good Sept, Deputy County Attorney, Billings, for Respondent.

HUNT, Justice.

Duane Stuit was found guilty of four counts of sexual intercourse without consent of a minor in the Thirteenth Judicial District Court, Yellowstone County. Stuit moved for a new trial on the grounds that the prosecutor made a comment in her opening statement which should have allowed the defense to introduce evidence of the victim's previous history of sexual abuse. The District Court prohibited the defense from introducing such evidence at trial. The...

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