State v. Oakman

WELLS, Judge.

Defendant brings forward two assignments of error challenging the court’s denial of his motion to dismiss at the conclusion of the State’s evidence and the court’s failure to give an instruction, ex mero motu, to cure an improper comment of the prosecutor during the State’s closing argument to the jury. We find no error.

We first examine whether the trial court erred in denying defendant’s motion to dismiss. Defendant contends that the State presented insufficient evidence to take the case to the jury on the charge of taking indecent liberties with a child in that the victim’s…