Virgil Dean Allen v. State Texas

The Dallas Court of Appeals affirmed the conviction. Allen v. State, 666 S.W.2d 245 (Tex.App.-Dallas 1984). The Court of Appeals held that under V.T.C.A., Penal Code, ? 21.13, evidence of prior sexual activity was not evidence of the prosecutrixs consent to the relationship with appellant, citing Young v. State, 547 S.W.2d 23, 25 (Tex.Cr.App. 1977); Wilson v. State, 548 S.W.2d 51, 52 (Tex.Cr.App. 1977). Further, the Court of Appeals found the evidence was properly excluded when offered for the purpose of impeaching the prosecutrixs credibility.