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:
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 ...