State v. Burch

LOWENSTEIN, Judge.

Appellant, Bernard Dale Burch, (Burch) was jury-tried in Ray County, and convicted of kidnapping, assault in the second degree, and armed criminal action stemming from a confrontation with Michael McNelly, who Burch alleges raped his niece. Burch was sentenced as a prior offender to seven, five, and twelve years respectively with sentences to be served concurrently. Burch appeals his conviction alleging the trial court erred in: 1) failing to grant his request for a mistrial after a state witness mentioned that the victim, McNelly had taken a “stress test” (lie detector…