State v. Ray

Ray appeals his conviction of first degree incest because he alleges that the trial court erroneously suppressed the testimony of his defense witness, Bogart. We agree and reverse and remand for a new trial.

Facts

On March 19, 1987, John Miller called the police and reported that the previous evening he saw his father, defendant Ray, having anal intercourse with Miller's sister, D., in the bathroom. Miller later described to the police in a *533written statement what he saw on the evening of March 18, and he told the police officer that he saw Ray fondle D. on other occasions.

When the police…