State v. Kelly

CLEMENS, Senior Judge.

Indicted for raping his eleven-year-old foster daughter, a jury found defendant guilty. The trial court sentenced him to 15 years in prison.

The victim had promptly reported the assault to her mother who took her to a hospital. There medical examination showed the girl had been “traumatically sexually abused”. Defendant testified, denying the rape.

Here defendant claims reversible error in the trial court’s overruling his objection to the state’s closing jury argument.

The prosecutor had not mentioned the victim’s six-year-old sister in the opening segment of the state’s…