John Wallace McGinn v. State

BURKE, Chief Justice.

[11] John Wallace McGinn was found guilty by a jury of domestic battery and possession of a weapon with intent to threaten. Mr. McGinn testified at trial, and, over the objections of defense counsel, the prosecutor asked him a series of questions in which she repeated statements made by his daughter and asked, "was she lying?" Prior to trial, at a hearing on the State's Rule 404(b) notice, the district court ruled that evidence regarding prior discharge of a gun would be admissible. Mr. McGinn appeals, contending the "was she lying" questions constitute prosecutorial…