Whitty v. State

Whitty (defendant) was charged with molesting a girl he allegedly lured with a story about needing help finding a rabbit. When the prosecution suggested he had used the identical ruse on another girl the night before, Whitty denied being in the alley that night; the prosecution then called that other girl, who testified he had in fact lured her there with the same rabbit story. The trial court admitted this testimony with a limiting instruction that it went only to identity, not guilt, and Whitty was convicted and appealed.

Whether evidence of a defendant's prior bad acts may be admitted for the purpose of establishing identity.