State v. Newberry

Defendant appeals his conviction by a jury of the crime of rape in the first degree, having been charged with kidnapping, rape and sodomy.

At trial, during cross-examination of the victim and other witnesses, testimony was elicited to the effect that the victim did not report the alleged sodomy to some of the investigating officers who questioned her after the incident. Also, victim could not recall whether she had reported the alleged sodomy to the investigating officers. Subsequently, for the purpose of rehabilitating the testimony of the victim and rebutting the implication of a recent…