State v. Moody

Defendant was found guilty by a jury of incest with his daughter on September 9, 1972. His exceptions to certain rulings of the court were transferred by Mullavey, J.

Defendant contends that the court erred in not granting a dismissal on the State’s opening statement. The county attorney made a brief opening statement in which he stated that the State would introduce evidence to prove beyond a reasonable doubt that defendant on September 9, 1972, had sexual intercourse with his daughter Marie who was seventeen years old at the time. Defendant then moved to dismiss on the “grounds that the…