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[T] McKee v. State

June 16, 1998

LEWIS EDWARD MCKEE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 12/09/94

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: NEWTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: GRATIFICATION OF LUST: SENTENCED TO SERVE A TERM OF 8 YEARS IN THE MDOC, WITH THIS SENTENCE TO RUN CONSECUTIVE TO THE PREVIOUS SENTENCE OF THE COURT

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Lewis Edward McKee was convicted of gratification of lust in the Circuit Court of Newton County. For his offense, he was sentenced to a term of eight years in the custody of the Mississippi

Department of Corrections. Feeling aggrieved by the judgment against him, McKee appeals his conviction on the following grounds:

I. THE COURT ERRED IN DENYING APPELLANT'S OBJECTION TO THE DEPUTY SHERIFF'S TESTIMONY THAT THE APPELLANT HAD ADMITTED "HE HAD A PROBLEM WITH LITTLE GIRLS, NOT LITTLE BOYS."

II. THE COURT ERRED IN OVERRULING APPELLANT'S MOTION FOR A DIRECTED VERDICT AND DENYING HIM A PEREMPTORY INSTRUCTION BECAUSE THE STATE FAILED TO PROVE THE APPELLANT WAS ABOVE THE AGE OF 18.

III. THE COURT ERRED IN DENYING APPELLANT A MISTRIAL AND IN REFUSING TO INSTRUCT THE JURY TO DISREGARD HEARSAY TESTIMONY OF AMANDA MCKEE.

IV. THE COURT ERRED IN OVERRULING APPELLANT'S OBJECTION TO THE PROSECUTOR'S DESCRIPTION OF PROOF ...


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