State v. Smith

Everett Smith appeals his conviction for first degree statutory rape and indecent liberties. He assigns error to (1) three evidentiary rulings, (2) one jury instruction, and (3) denial of his motion to dismiss for insufficient evidence. We affirm the statutory rape conviction and reverse and remand the indecent liberties conviction.

The appellant is the 51-year-old father of Edward L. Smith. Edward L. Smith and Teresa Gooch are the parents of 4-year-old E. L is the 7-year-old daughter of Teresa Gooch and her former husband, David. Prior to July 1987, Teresa and Edward took their children, E…