State v. Thomas

*447HOWE, Associate Chief Justice:

Defendant was tried and convicted of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1978, Supp. 1988). During the trial, a police officer was permitted to testify to statements made to her by the victim during an interview held between one and two hours after the incident. Defendant objected to the admission of this testimony and later moved for a mistrial. Defendant also objected to the prosecution’s reference to him as “a black man.” Defendant’s objections were overruled on both counts.

After deliberating for three hours, the jury sent a…