Johnson v. State

McMurray, Presiding Judge.

Defendant was indicted separately but was tried jointly with another for the offense of rape. He was convicted and sentenced to serve a sentence of seven years, two years in a penal institution, with the remaining five years on probation to begin immediately upon his release from the penal institution. Defendant appeals. Held:

1. Defendant’s first enumeration of error is based upon an alleged restriction as to evidence of past sexual behavior of the complaining witness under the so-called rape shield law (Code Ann. § 38-202.1 (Ga. L. 1976, p. 741)). In the case sub…