State v. Hester

BAKES, Justice.

Defendant George Roy Hester, Jr. (Hester) appeals his conviction and the district court’s order withholding judgment and order of probation entered after the jury returned a verdict finding Hester guilty of lewd conduct with a child under sixteen, the victim being his two and one-half year old son, Brian. We reverse and remand for a new trial.

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Hester and his wife, Cathy, were divorced on November 5, 1985. Cathy was given custody of the children, but Hester was given rights to visit his two children, Brian and newly-born Curtis.

This action centers primarily around three events…