Durham v. State

(dissenting) :

On February 5, 1970, this Court denied the issuance of the Writ with two members of the Court dissenting. On March 1, 1971, Application for Rehearing was granted and the Writ issued.

Several unusual questions were presented in the Petition for Writ of Certiorari to which careful consideration was given. However, the major substantive question which the Court felt deserved particular study was in connection with the admissibility in the trial court of evidence of alleged unlawful sexual activity with a third person where such evidence merely tended to show the disposition,…