Wiser v. State

McMurray, Presiding Judge.

A jury convicted Howard M. Wiser of incest for offenses committed against his 36-year-old niece. The evidence shows that the victim suffers from brain damage, partial paralysis on her right side, and legal blindness. Her mother, Wiser’s sister, died in 1990. Wiser became the victim’s guardian and legal custodian of her child. The acts which formed the basis of his conviction took place during the victim’s overnight visits to his home. He appeals. Held:

1. The trial court erred in charging the jury that the statute of limitation for incest is seven years. The statute…