Stone v. State

HARRIS, Chief Judge.

Marvin W. Stone was convicted of committing an attempted lewd act upon a child and of committing a lewd act in the presence of a child. He appeals; we reverse.

The principal witness for the state was the alleged victim, an eight-year-old boy. On cross-examination, the youth made a number of statements which were inconsistent with his testimony on direct. The court permitted redirect and recross two additional times and the young man’s testimony continued to change depending on which attorney asked the questions.1

Finally, in frustration, the trial court took over the…