Bateman v. State

James R. Cooper, Judge.

Appellant was convicted of the crime of incest in violation of Ark. Stat. Ann. § 41-2403 (Repl. 1977) in Johnson County Circuit Court. The jury sentenced him to five years in the Department of Corrections. From that conviction comes this appeal.

As error, appellant argues that the trial court’s reference to the complaining witness as the “victim” was prejudicial, and that the court erred in failing to grant a mistrial in response to appellant’s motion.

The question on appeal is whether the trial court abused his discretion in failing to grant a mistrial under these…