State v. Craven

MARTIN, Justice.

The first question for review is whether the trial court erred by permitting seven-year-old Lee Burns to testify that defendant kissed him in the mouth and touched him on his penis and behind several times during the spring of 1983. During his cross-examination of Peter Brim, defendant attempted to elicit testimony that defendant may have inadvertently touched Peter’s penis while bathing him or while drying him after a bath. To counter this the state offered Lee Burns’s testimony for the purpose of showing defendant’s mens rea for the crimes with which he was charged in the…