Wyoming Supreme Court

William G. Elliott, Appellant (defendant Below) v. the State of Wyoming, Appellee (plaintiff Below)

October 3, 19791979 Wyo. LEXIS 460

Summary

The court affirmed Elliott’s conviction for second-degree sexual assault, holding that the victim’s older sister could testify about sufficiently similar prior sexual misconduct under the rules governing other-acts evidence and that the testimony was not unfairly prejudicial. It also held that corroborating witnesses could describe the victim’s complaint with particulars necessary to identify the subject matter, and that any error in admitting the mother’s opinion about the victim’s truthfulness was nonprejudicial. McClintock, specially concurring, agreed with the result but would have admitted the sister’s testimony as evidence of a common plan, method, and corroboration of credibility rather than motive.