JACKSON – (AP) The Mississippi Supreme Court on Thursday granted a prosecution request to review a Stone County rape case.
The state Court of Appeals last November ordered a new trial for Anthony Mercie Expose. Expose had been convicted of rape in 2010 and sentenced to 35 years in prison.
The Appeals Court ruled that the trial judge failed to instruct the jury on Expose's claim that the sex was consensual. The court said Expose was entitled to a jury instruction that embodied his theory of the defense.
Prosecutors appealed the Supreme Court, which agreed to hear the appeal.
Prosecutors say the woman was raped along a rural Stone County road on March 28, 2009.