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992567P.pdf 01/26/2001 USA v. Wilbur Gabe
U.S. Court of Appeals Case No: 99-2567
District of South Dakota
Criminal case - criminal law. Victim's statement to examining
doctor identifying defendant as her attacker was not admissible
under the medical-treatment hearsay exception as it was not
made for the purposes of medical diagnosis or treatment;
however, the error in admitting the testimony was harmless
in light of victim's own testimony on same topic; no abuse
of discretion in admitting prior bad acts evidence; evidence
was sufficient to establish offenses of abusive sexual contact
and aggravated sexual abuse.