(DOWNLOAD) "Dennis L. Baden v. State Alaska" by Court Of Appeals Of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Dennis L. Baden v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 02, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
BRYNER, Chief Judge. OPINION Dennis Baden appeals his conviction for attempted sexual assault in the first degree, AS 11.41.410(a) and AS 11.31.100(a). He contends that he was improperly limited in presenting evidence of the victim's prior conduct, and that the jury should have been instructed on the lesser-included offense of assault in the fourth degree, AS 11.41.230(a). We reverse Baden's conviction. C.M. testified at trial that she spent the evening of June 13, 1981, and the early morning hours of the following day drinking and socializing. Sometime around 5:00 a.m. she took a cab over to the apartment shared by Dennis Baden and Michael Baden. She had known Michael Baden for about five months and she wanted to talk to him about their relationship. According to C.M., Dennis Baden met her at the door and told her that Michael was there; he then led her past some people in the kitchen and back to his room, telling her that he wanted to talk to her about Michael. Dennis Baden then pushed her in the room, entered and locked the door. He pushed her onto the bed, straddled her and pinned her arms. She told him that she wanted to get up; he said he wanted to have intercourse with her. According to C.M., she began screaming and Baden slapped her on the face, causing her nose to bleed. She testified that Baden ripped items of her clothing off, took his T-shirt off and was unzipping his pants when another occupant of the apartment, Doug Landon, knocked at the door.