Lee v. State

lrIn December 2014, Marco Lee (hereinafter “appellant”) was tried by a Critten-den County jury and found guilty of one count of Rape,- a class icY” felony. On appeal, he argues that the trial court committed reversible error in denying his motion for a mistrial. We affirm.

In the State’s opening statements at appellant’s trial for rape, the prosecutor referred to the victim, a fourteen year-old girl, as a “virgin.” Appellant’s counsel immediately objected and moved for a mistrial, and requested the judge instruct the jury that the prosecutor’s statements were not evidence. The judge gave the…