D was charged with sodomy and rape. A confession of a prior similar assault and attempted rape was admitted with the instruction that the confession should be used only for whatever bearing it might have upon common scheme or plan in connection with the rape charges. D was acquitted of rape and convicted of sodomy. Appeal. Held: Affirmed. Evidence of other crimes may not be admitted unless the evidence is relevant and necessary to prove an essential ingredient of the crime charged. This confession was not sufficiently related to show w common scheme or plan. However, D was not prejudiced as to the rape charges because he was acquitted of rape, nor did the evidence prejudice him on the sodomy counts because the confession could have been properly admitted to establish identity and to prove that the acts charged could be committed in the cab of the truck. State v. Goebel, 40 Wn. 2d 18, 240 P. 2d 251 (1952).
Evidence—Admissibility of Related Offenses,
28 Wash. L. Rev. & St. B.J.
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