State v. Mitter

Miller, Justice:

Delbert C. Mitter appeals his felony convictions of sexual abuse in the first degree and misdemeanor convictions of sexual abuse in the third degree which were entered in the Circuit Court of Preston County. His primary assignment of error is that the trial court permitted an expert witness to testify that the acts committed by Mitter were done for sexual gratification which is one of the key elements in a sexual abuse charge. Other errors alleged are the trial court’s failure to grant a severance and the insufficiency of the State’s proof in the felony cases because of the…