State v. Woodward

Petrich, A.C.J.

Defendant, Richard Woodward, appeals his conviction of first degree statutory rape. His assignments of error raise four issues: (1) Whether statements made by the victim were properly admitted as excited utterances under ER 803(a)(2); (2) whether the victim was competent to testify; (3) whether evidence of another possible cause of injury was properly excluded; and (4) whether a mistrial should have been declared because of newspaper publicity during the trial. We affirm.

The defendant lived across the street from the 5 V2-year-old girl victim. The testimony indicated the…