STATE v. McDOWELL

No. 14214.

349 N.W.2d 450 (1984)

STATE of South Dakota, Plaintiff and Appellee, v. Phillip Ray McDOWELL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 13, 1984.


Attorney(s) appearing for the Case

Grant E. Gormley, Chief Deputy Atty. Gen. and Barbara Jo Anderson, Legal Intern, Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Patricia C. Riepel, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.


PER CURIAM.

Appellant appeals from his conviction for rape. Immediately prior to trial, the court orally granted appellant's motion in limine requesting that no questions be asked or testimony be given about any polygraph examinations taken by any witnesses. The trial court denied appellant's motion for a mistrial, however, when a witness' unresponsive testimony at trial mentioned the word "polygraph." We affirm.

Appellant's girlfriend and the victim were...

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