Kagebein v. State

I concur in the result and all of the majority opinion, except that part devoted to exclusion of evidence of prior homosexual advances. In spite of the revulsion I feel for these unnatural activities, I cannot agree with either the premise of the majority’s holding on this point or its result severely limiting the circuit judge’s discretion in the admission of evidence of this nature simply because the matter of the deceased’s unnatural sexual activities on the night he was killed had been asserted by appellant.

In order to put the matter in appropriate perspective, I want to emphasize the…