Lusby v. State

Oden C. Lusby (the defendant) was convicted of incest in the Circuit Court for Prince George’s County by a jury. He appealed, assigning as error the refusal of the trial court to declare a mistrial, the ruling on the sufficiency of the evidence pertaining to parentage, the denial of the defendant’s motion for a directed verdict, and the misconduct of the prosecuting attorney.

The seventeen year old prosecuting witness testified that she lived with her father and a younger brother and sister in an apartment in Hyattsville. On Saturday, June 29, 1957, she returned to the apartment shortly before…