State v. Perrigo

Defendant, Joe W. Perrigo, appeals his jury conviction of aggravated incest. K.S.A. 21-3603.

Defendant contends that the trial court erred in admitting the testimony of S. concerning his previous sexual relationship with defendant under K.S.A. 60-455. Defendant contends that this rule applies to the admission of evidence of a “prior crime” and that his sexual conduct with S. was consensual and not a crime at all. However, K.S.A. 60-455 states an exception to the general rule that all relevant evidence is admissible. K.S.A. 60-407(1). If proffered evidence does not suggest the commission of a…