State v. Abdi

Birdsong, Judge.

The state appeals the trial court’s grant of the defendant’s plea in bar (former jeopardy) and direction of verdict of acquittal.

The record shows that in the rape trial below when the victim, in response to a question by defense counsel as to whether the defendant ejaculated, made a remark concerning the physical process of sexual ejaculation, the defense attorney said, “You have had personal experience with that?” The prosecutor objected under Code Ann. § 38-202.1 and asked for a rebuke but stated he was not asking for a mistrial. Nevertheless, the trial court sua sponte…