State v. Smith

JOHNSON, Justice.

This is a criminal case in which a father was convicted of lewd conduct with his ten-year-old daughter. There are three issues presented on this appeal:

1. Should the trial court have instructed the jury that they were not required to reach a verdict, but might be a “hung jury?”

We hold that the jury instructions were sufficient to advise the jury that they were not required to change their opinion simply to reach a verdict.

2. Did the trial court violate its own prior ruling or the rules of evidence in not restricting the daughter from testifying that her father had improperly…