OWENS v. STATE

No. 93-KA-00278-SCT.

666 So.2d 814 (1995)

Anthony OWENS a/k/a Anthony David Owen v. STATE of Mississippi.

Supreme Court of Mississippi.

December 21, 1995.


Attorney(s) appearing for the Case

David Clay Vanderburg, Hernando, for Appellant.

Michael C. Moore, Attorney General, Pat S. Flynn, Ass't Attorney General, Jackson, for Appellee.

Before DAN M. LEE, C.J., and BANKS and McRAE, JJ.


BANKS, Justice, for the Court:

The matter before this Court involves an appeal from a conviction of child fondling, where we are called upon to consider the admissibility of a prior consistent statement made by a witness under Rule 801(d)1(B) of the Mississippi Rules of Evidence. We conclude that the admission of the statement by the trial court constituted error because an alleged motive to fabricate existed prior to the victim's statement to the witness. However...

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