State v. Freeman

EXUM, Justice.

The sole question presented by this appeal is whether the admission of evidence regarding defendant’s prior sexual misconduct was properly admitted as substantive evidence tending to prove defendant’s guilt of the crimes charged against him. We conclude that it was and find no error in defendant’s trial.

The state’s evidence tended to show the following: At approximately 1:00 a.m. on 5 February 1980 the prosecuting witness, Betty Whitman, finished watching television and went to bed. A few minutes later she heard and arose to investigate a noise, whereupon she discovered…