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McBEATH v. STATE

No. 98-KA-00103 COA.

739 So.2d 451 (1999)

Prentiss McBEATH a/k/a Prentiss L. McBeath, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

April 20, 1999.

Attorney(s) appearing for the Case

Edmund J. Phillips Jr., Newton, Robert N. Brooks, Carthage, Attorneys for Appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, Attorney for Appellee.

BEFORE THOMAS, P.J., LEE, AND SOUTHWICK, JJ.

SOUTHWICK, J., for the Court:

¶ 1. Prentiss McBeath was convicted of felonious child abuse of his thirteen year old stepdaughter, S.J. He alleges that the trial court erred in allowing a treating physician to testify as an expert witness regarding whether her injuries were "serious," which allegedly constituted a legal conclusion that invaded the province of the jury. However, McBeath without objection had permitted another physician earlier

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