Lewallen v. State

Cooper, Judge.

Appellant was convicted in a jury trial of enticing a child for indecent purposes, rape, incest, cruelty to children and two counts of child molestation. He appeals from the denial of his motion for new trial, raising as his sole enumeration of error the trial court’s denial of his motion for a mistrial.

Prior to the trial, appellant was suffering from a hernia which caused portions of his intestines to protrude through his groin area. To prevent the protrusion, which was visible through his pants, appellant would hold his groin area in his hand and attempt to push the bulging…