White v. Commonwealth

Opinion

BARROW, J.

This is an appeal from convictions for rape and sodomy. The defendant contends that the trial court erred in admitting evidence of an attempted rape for which he was not being tried. We hold that the evidence of the attempted rape, although factually similar, did not demonstrate a distinctive methodology justifying its admission. We conclude further that the introduction of that evidence was not harmless beyond a reasonable doubt.

The acts of rape and sodomy for which the defendant was convicted occurred on February 13, 1987 in the women’s public restroom at a Howard Johnson’s…