People v. Montague

The defendant’s conviction on the charge of forcible rape is reversed for two reasons.(1) The trial court erred in permitting the presentation of prosecution testimony which was clearly incompetent and highly prejudicial.(2) The trial court erred in refusing to instruct the jury on the defendant’s theory of the case.

I

The trial court erred in allowing the introduction, over the defendant’s objection, of certain inadmissible and prejudicial testimony presented by the prosecution. The police officer, who investigated the rape complaint made by the prosecutrix, testified as to statements he made…