State v. McMillan

BECTON, Judge.

The defendant appeals from his conviction of second degree rape contending that the trial court (1) erroneously permitted Mrs. Buie, an incompetent witness, to testify; (2) allowed into evidence, for corroborative purposes, a prior statement of Mrs. Buie which included prejudicial material not testified to by Mrs. Buie; (3) failed to instruct the jury properly on the limited use of the “corroborating” statement; and (4) erred in its jury charge on second degree rape.

I

First, the defendant argues that his Sixth Amendment right to confrontation was denied when the trial court…