Court of Appeals for the Fifth Circuit March 2, 1981, 79-3499 (Hillery Preston v. Frank C. Blackburn, Warden, Louisiana State Penitentiary)

COLEMAN, Circuit Judge:

In 1975, Hillery Preston was indicted and tried for aggravated rape. At trial the alleged victim, a 13-year-old girl, identified the defendant as her assailant and testified that he threatened her with a knife. Preston offered testimony from witnesses which, if believed, would tend to show that the girl was better acquainted with him than she admitted.