State v. McPherson

This case is before the Court upon the appeal of Wayne McPherson from his conviction of third degree sexual assault. It arises from an order of the Circuit Court of Ohio County which denied the appellant’s motion for a new trial. The trial court sentenced the appellant to serve one to five years in the state penitentiary. On appeal, the accused contends (1) that the trial judge erred when she refused to grant the appellant’s motion for acquittal due to insufficiency of the evidence; (2) that the trial judge erred when she refused to appoint a psychologist to evaluate the prose-cutrix’s…