Ex Parte Pate

We granted certiorari to review the question whether or when the defendant in a criminal case is entitled to inspection of a statement of a prosecution witness for the purpose of cross-examining or impeaching the witness.

Specifically involved are statements authenticated by rape victims.

The Court of Criminal Appeals, 415 So.2d 1131, found that "[t]hese statements were not used by the victims to refresh their recollections while they were on the witness stand," and concluded that "[t]he trial court correctly ruled that defense counsel was not entitled to inspect and use the statements." The…