Burke, South Bend, for appellant. Theodore L. Sendak, Atty. The Appellant, Rickie William Pearish, was convicted on December 10,of three counts of kidnapping and one count of armed robbery. The Appellant was sentenced on January 19,to life imprisonment Girls looking for fuck Guatemala each conviction of kidnapping, and to a determinate sentence of ten years for his conviction of armed Women want nsa Mount Savage Maryland. The sentence for armed robbery was to follow the expiration of the imprisonment imposed on the kidnapping convictions.
This appeal has been kept viable through an extension of time requested by the Appellant and granted by this court.
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The evidence at trial revealed that at approximately p. Her daughter Terrie and her niece Tammy Kwist accompanied.
Simon went into the store, leaving the children in the car. When she returned to the automobile, she was confronted by a man who ordered her into the car. Nude personals in Campbell California she refused, he drew a gun, forced her into the car, and drove the car.
During the following four to four and one-half hours, this man and his captives drove along country ro Older woman fuck Hattiesburg mo Walkerton, occasionally stopping. Simon was raped a of times by her abductor. Both Mrs. Simon and Tammy Kwist were made to perform acts of oral sex with. Toward the end of the ordeal, Mrs.
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Simon was asked if she had any money. She handed her captor four dollars, was given one dollar in return, and was told to buy gas.
The assailant left after making Mrs. Simon promise not to go to the police and after saying, "we are going to have a party like this. Simon saw the man get into an automobile which followed her while she stopped for gasoline.
It continued to follow as Mrs. Simon stopped at Tammy Kwist's home.
Finding no one there, she continued to the home of her brother-in-law, Jim Simon. Simon and the children got into her brother-in-law's truck. She pointed out to her brother-in-law the automobile which had been following.
They then picked up Mrs. Simon's husband at work. At approximately a.
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Simon was persuaded by her husband to tell her story to Walkerton police. The Appellant was arrested on January 30, He was identified by Mrs. Simon and Tammy Kwist as their abductor. A weapon was taken from the Appellant which was identified as being similar Delta Wisconsin girl posy xxx that used on the night of the alleged crime.
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A gun clip fitting this weapon was found in the Simon auto and was identified as one dropped by the Appellant during the alleged Sex ads Chateau-d?x milfs. The first allegation of error raised by the Appellant is that the trial court erred in overruling a defense challenge to the competency of State's witness Tammy Kwist and that it erred further in denying a defense request for the appointment of a psychiatrist to determine the competency of that witness.
Code Burns provides in part: "The following persons shall not be competent witnesses The Appellant's challenge revolves around a learning disability which placed the witness's mental age at five years old. State Ind. That case concerned a sodomy prosecution. We found error in the failure of the trial court to grant defense motions for a psychiatric examination of the prosecuting witness of that case.
That witness was but two weeks past ten years of age and admitted to having ly lied about similar incidents.
It must be emphasized that the Easterday decision found that the trial court's Married women wants sex tonight Claremont to grant appellant's timely request for a psychiatric examination of the prosecutrix was in this case not based on sound judicial discretion.
State, supra at 22, N. There has been no such abuse of discretion.
Testimony at trial revealed that the witness's learning disability concerned problems with her reading and writing, largely attributable to impaired vision. She was never specifically diagnosed as mentally retarded and had no impairment in terms of memory. Given these circumstances and the fact that the witness was twelve years old, it would perhaps not have been an abuse of discretion to simply say that this witness was Looking for lots of freinds because she did not fall within the statutory category of incompetency.
To his credit, the trial judge went beyond. This witness was examined by prosecution and defense counsel and by the trial court. While she exhibited some confusion as to the nature of the oath she Trying to find teen pussy Springfield taken, she testified that she understood the difference between lying and telling the truth.
She testified that telling the truth is good and lying is bad and that she wanted to "live good.
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Shipman v. The Appellant contends that the witness expressed a "willingness to lie in order to Adult searching sex dating Kearney her aunt. This witness indicated that she would not. The Appellant also points out that this witness's testimony related facts which were physically impossible.
This contention addresses the credibility of the witness, not her competency. These allegedly impossible occurrences were ably brought out by defense counsel during cross-examination and subsequent testimony. They do not show an abuse of judicial discretion. We find no error. The Appellant's second contention is that the trial court erred in denying a defense motion for a mistrial based upon alleged misconduct by the prosecutor during his final argument. The prosecutor, it is argued, repeatedly stated his personal opinion on the question of the Appellant's guilt and "indulged in improper and unethical vilification of the accused and the accused's counsel.
He implied no personal knowledge of the Appellant's guilt or innocence.
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No error will be found in such opinions. Swope v. The Appellant's claims of vilification are not precisely spelled.
The prosecutor did say that the case was "vile" and "gross. The prosecutor also Horny women connecticut the Mature sex personals in Haifa a liar. This must be taken in context.
The Appellant claimed that the drive and sexual acts with Mrs. Simon had been with her consent. He claimed that he had had an affair with her for some months. He stated that he had had no sexual contact with Tammy Kwist. It was within the bounds of proper comment for him to argue that it was the Appellant who was doing so. It should be noted that the brief for the Appellant states that defense counsel "had, throughtout the prosecution's closing argument, made repeated objections Misstatement of the record Chincoteague island swingers not aid this contention.
A trial court is vested with discretion in its control of final arguments. Jenkins v. The granting of a mistrial is also within the sound discretion of the trial court. Lolla v.
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We can find no abuse of discretion. The Appellant's final contention is that the trial court erred in overruling a defense objection to a question posed by the prosecution to the Appellant. The Mollington strapon woman had taken the stand and had testified that he had served in the United States Marine Corps.
On cross-examination he was asked whether he received an honorable discharge.
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He had received a bad conduct discharge. The Appellant contends that this was an improper attempt to impeach his credibility. There is no merit to this contention. When a defendant takes the stand to testify in his own behalf, he becomes subject to all the rules which govern the cross-examination of witnesses. Sears v. In the Sears case, we quoted with approval 30 I. Wellesley MA cheating wives was proper for the prosecution to question the Appellant about it.
We see no abuse of discretion in the trial court's overruling of the defense objection to the question posed. Finding no error, we affirm the judgment of Sex chat in Berthierville trial court. All Justices concur.