State v. Lowery

The appellant was indicted for six sexual offenses — three felony counts under W.Va. Code, 61-8B-5 [2000] and three misdemeanor counts under. W.Va.Code, 61-8B-9 [1984]. The appellant claims in this appeal that the trial comb erred by allowing the testimony of the appellant’s pastor, by failing to declare a mistrial based upon a spectator outburst during trial, and by failing to direct a verdict of acquittal on the felony counts because of the State’s failure to prove the specific age of the appellant — the difference in the age of the victim and the appellant being an element of the offense.

Fo…