Milline v. State

Benham, Judge.

Appellant was convicted of the molestation of his wife’s 11-year-old sister.

1. Part of appellant’s defense strategy was to imply that his wife’s brother was actually the perpetrator of the offense. That defense was pursued through cross-examination of appellant’s wife and through the testimony of appellant and his sister. During cross-examination of appellant, the prosecuting attorney asked appellant whether he had told the police about his theory that his wife’s brother had molested the victim. Defense counsel moved for a mistrial on the ground that the prosecuting attorney had…