State v. Johnson

EXUM, Justice.

The questions presented in this appeal are whether the trial court erred in (1) admitting evidence of crimes other than those being tried; (2) denying defendant’s motion to excuse a juror for cause; (3) its instructions on the meaning of “vaginal intercourse”; and (4) refusing to instruct on the lesser included offense of attempted first degree rape. We find reversible error only in Judge Ferrell’s failing to instruct the jury on attempted first degree rape as to one of the victims. Accordingly, we grant defendant a new trial on the charge of first degree rape as to this victim.…