Mosley v. State

McMurray, Presiding Judge.

Via indictment couched in four counts, defendant was accused of rape, statutory rape, incest and child molestation. Each count concerned acts of sexual intercourse performed by defendant upon his adopted daughter over a period of time. The jury was unable to reach a verdict with regard to the statutory rape and incest counts; it acquitted defendant upon the rape charge. The jury found defendant *583guilty, however, of child molestation. Following sentencing, defendant moved for a new trial. The motion was denied and defendant appealed. Held:

1. During the trial, a…