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Are you loooving this kind of action thriller movies? watch it now! Download full. you need to run program afra to play this movie, come on ó¼óÂ . from the arrival of the complaining witness and the sexual assault in question May 19, 1978 and the motion for a mistrial was properly denied. It is true that the prosecuting attorney argued to the jury that the defendant was found in the company of the complaining witness only one or two days prior to her claim of sexual assault. However, the State’s evidence established the three day interval between the occurrence of the sexual act and the time the complaining witness had made her claim of sexual assault against defendant. The evidence presented was properly admissible to show motive, intent, plan and design. As this Court has said on another occasion, the “intent with which the act is committed becomes a material and relevant issue and may be shown by circumstances connected with it, such as the conduct of the parties at the time and before the offense was committed.” Mitchell v. State, 512 So.2d 1246, 1247 (Miss. 1987). That is the situation in this case.
The defendant next contends that the trial judge erred in his handling of a question asked by the jury following receipt of instructions. Defense counsel had previously tendered to the court an instruction which covered the offense of battery. At the conclusion of the trial, the jury asked for further explanation of the charge of battery. The court responded that battery involved only touching, and explained, “there is no touching.”
During the closing argument of defense counsel, the following occurred:
MR. DICKSON: And the simple thing I’d ask this Court to remember is if you go back and look in the instructions, as per this picture right here, if you look at this one right here, it is 2, and
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