State v. Murray

MILLER, Justice:

The defendant, Gary Murray, was convicted in McDowell County Circuit Court of first degree sexual assault of a minor child. He contends that the court improperly admitted extrajudicial statements made by the child approximately two weeks after the assault. We find the admission of the statements to be erroneous and prejudicial, and reverse the conviction.

I

Linda F.J. 1 is the daughter of Anita B.J. and Billy D.J. Linda was, at all times relevant to this case, nine years of age. She lived in the rural community of Switchback with her mother and the defendant.

On May 22, 1986, a…