State v. Henson

BALICK, Judge.

A jury found the defendant guilty of kidnapping, rape (without a recommendation of mercy), and sodomy. He has moved for a new trial on the ground that admission into evidence of a hospital record denied his state constitutional right “to meet the witnesses in their examination face to face” and federal constitutional right “to be confronted with the witnesses against him.”

The hospital record reported findings of a physician who examined the victim soon after the offense. He found abrasions on the victim’s neck and left breast, lacerated vagina, and bleeding hymen. The physician…