Brown v. State

Conley Byrd, Justice.

Prior to the rape trial of Johnny Charles Brown, the State filed a motion in limine, seeking to prohibit any mention of prior sexual conduct between the prosecuting witness and Brown. From the trial court’s interlocutory ruling that the prior sexual contact between appellant and the prosecutrix was not relevant to Brown’s defense of consent, Brown brings this appeal pursuant to Ark. Stat. Ann. § 41-1810.2(c) (Repl. 1977).

The record reflects that the prosecutrix had known Brown for 16 years but had not seen him in three years. About one week prior to the alleged rape she…