State v. Boyington

WASSERSTROM, Judge.

The jury returned a verdict finding defendant guilty of rape but not guilty of sodomy, and fixed punishment at 11 years which the trial court reduced to 6 years. Defendant presents three points on appeal: (1) that the trial court erred in accepting a verdict which is inherently contradictory; (2) that the trial court failed to give a mandatory instruction; and (3) that the admission of samples of defendant’s handwriting was error because the exhibits were hearsay and not within the business records exception. None of these exceptions can be sustained.

The State’s primary…