Ellison v. State

McMurray, Presiding Judge.

Defendant Ellison appeals his conviction of the offense of rape. Held:

1. Defendant contends the trial court erred in refusing to admit evidence of the prosecutrix’s prior false allegations of rape against a third person. In Smith v. State, 259 Ga. 135, 136 (1) (377 SE2d 158), the Supreme Court of Georgia held that, subject to a threshold determination, evidence of prior false allegations by a rape victim does not fall within the proscription of rape-shield laws and that such evidence may be admitted.

In the case sub judice, we are concerned with the application of the…