McClellan v. State

John Herman McClellan was convicted for sexual abuse in the second degree in violation of Alabama Code 1975, § 13A-6-67, and sentenced to six months in the county jail. On this appeal from that conviction, McClellan contends that his conviction should be reversed because of the admission of evidence of an uncharged offense. We agree.

Prior to trial, the defendant filed a motion in limine seeking an order to prevent the State from introducing "any evidence of any and all unindicted acts of sexual misconduct of Defendant with anyone other than the alleged victim in this case." The record does…