the tobacco industry," said R.T. Ravenholt, president of American Tobaccosis Association, a anti-smoking organization in Seattle. "If he wins, he'll get the first dollar ever paid by Philip Morris to a victim of smoking."

Dozens of cases have been filed against Philip Morris and other tobacco manufacturers, Mr. Ravenholt noted, but most have been successfully opposed in the higher courts.

During yesterday's six-hour trial in Mercer Island District Court, Mr. Deskiewicz sought to prove that Philip Morris should pay for the costs of his quitting smoking because the company did not include labels on his packages of Marlboros warning him that smoking is addictive and required such treatment to quit.

Testifying on his behalf, his personal physician and another doctor from British Columbia and an anti-smoking advocate asserted that Mr. Deskiewiczof Ark.Code Ann. § 5-14-103 (Repl.1997), alleging that on May 2, 1999, appellant engaged in sexual intercourse or deviate sexual activity with E.W., who was less than fourteen years old. A nonjury trial was held on May 8, 2000. The State called three witnesses at trialDarlene Richards, Dr. James Nesmith, and Detective Mike Shepard. The State called the victim to testify; however, she became upset and was excused before the court ruled on her competency.
Darlene Richards, E.W.'s mother, testified that E.W. was five years old at the time of the alleged incident. She stated that on May 2 or 3, 1999, she left her two children in appellant's care while she went to do laundry. When she arrived home, she noticed E.W. leaving her bedroom. At first, Richards