Felker v. State

Bell, Chief Judge.

Following trial on a two-count indictment alleging rape and aggravated sodomy, the jury convicted the defendant of aggravated sodomy only. Held:

1. The defendant testified in his own behalf and denied having any intercourse with the victim and that he did not by force commit sodomy with her. On cross examination, he was asked if he had oral or anal sex with the victim. Defendant answered "I’m not going to lie to the jury. I’ll take the Fifth Amendment.” During his argument the district attorney reminded the jury of this answer. Defendant objected on the ground that the…