[DOWNLOAD] "State v. Spence" by Arizona Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Spence
- Author : Arizona Court of Appeals
- Release Date : January 08, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
In those cases in which the offense charged involves the element of abnormal sex acts such as sodomy, child molesting, lewd and lascivious acts, etc., there is sufficient basis to accept proof of similar acts near in time to the offense charged as evidence of the accuseds propensity to commit such perverted acts. State v. McFarlin, 110 Ariz. 225, 517 P.2d 87 (1973). The McFarlin rule admitting such acts was clarified in State v. Treadaway, 116 Ariz. 163, 568 P.2d 1061 (1977), wherein the court held that where the act is not similar in nature to that charged or where it is remote in time to the crime charged (three years or more) the prior act is not admissible unless there is reliable expert medical testimony that such prior act tends to show a continuing emotional propensity to commit the crime charged. However, as was stated by the court in State ex rel. LaSota v. Corcoran, 119 Ariz. 573, 583 P.2d 229 (1978), reliable expert medical testimony is not always required before a prior act may be admitted pursuant to the emotional propensity exception. It is only when there is a remoteness problem that such expert medical testimony is necessary.