State v. Irving

James Martin Irving was convicted of the crime of second-degree rape committed upon Ms. A. In his appeal, he contends that the trial court erred by permitting another witness for the prosecution, Ms. B, to relate the details of another assault and attempted rape he committed upon Ms. B 5 years previously. We reverse and remand for a new trial.

Early in the morning of July 21, 1977, Ms. A entered a car in Shelton, Washington, driven by defendant. He drove to a secluded area, and the two engaged in a number of sexual acts, both normal and deviant, over a period of 2 hours. When defendant later…