State v. Dees

I respectfully dissent.

The principal opinion considers ten points raised by the defendant and holds that all ten are invalid. I concur fully in nine of those rulings. My dissent is confined to the ruling on defendant’s fourth point. In my opinion that point is a valid one and the trial court committed reversible error in admitting, over defendant’s objection, evidence concerning the burglary of Kathryn Dickson’s apartment on November 26,1980.

The state argues that the evidence was admissible as tending to identify defendant as the rapist of Kay Ogborn. The principal opinion agrees with the…