State v. Whyde

— The defendant Mont Lewis Whyde appeals from a judgment and sentence imposed after a jury found him guilty of second degree rape. The assignments of error are directed to the trial court's rulings concerning the admissibility of evidence. We hold the trial court erred as hereinafter discussed and therefore reverse and remand for new trial.

Mont Whyde and his wife were the managers of the apartment building where Ms. S lived. Whyde had visited S's apartment a number of times to attend to his duties as manager, and S had visited Whyde and his wife on occasion. The Whydes testified, but S…