HERBERT v. STATE

No. 2017-KA-01211-COA.

281 So.3d 851 (2019)

David Lee HERBERT a/k/a David Herbert, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 11, 2019.


Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: JUSTIN T. COOK .

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: ALICIA M. AINSWORTH , JACKSON.

EN BANC.


¶1. David Lee Herbert appeals his conviction of fondling. He argues that the victim's statements were erroneously admitted under the tender-years hearsay exception and he was entitled to a circumstantial-evidence jury instruction. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶...

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