RILEY P. GREEN, Circuit Judge.
Billy R. Hutcherson in a two count indictment was indicted for assault in the first degree and sodomy in the first degree. The jury found Hutcherson guilty of assault in the second degree and sexual abuse in the first degree. He received consecutive sentences of 10 years for the assault and five years for the sexual abuse.
At the end of the state's case, the motion to exclude was denied. The motion for new trial raised the issue...
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