Allen v. State, 64552
| Decision Date | 17 September 1982 |
| Docket Number | No. 64552,64552 |
| Citation | 163 Ga.App. 586,295 S.E.2d 549 |
| Parties | ALLEN v. The STATE. |
| Court | Georgia Court of Appeals |
Ellis C. Smith, Jr., Franklin H. Thornton, LaGrange, for appellant.
Arthur Mallory, III, Dist. Atty., LaGrange, Gerald S. Stovall, Asst. Dist. Atty., Newnan, for appellee.
The defendant was tried upon a 2-count indictment for child molestation and found guilty on one count. On appeal, he enumerates as error, among others, the admission over objection of evidence that he had committed other acts similar to those charged in the indictment. Held:
1. The victim named in the indictment was the 9-year-old sister of the defendant's wife. The testimony at issue concerned the attempted sodomy of the victim's 12-year-old brother and a number of rapes in which the victim's then 15-year-old sister was the complainant. As we recently held in Phelps v. State, 158 Ga.App. 219(2), 279 S.E.2d 513 (1981), "[t]he sexual molestation of young children, regardless of sex or type of act, is sufficient similarity to make the evidence admissible." This enumeration of error is without merit.
2. Next, the defendant contends that the trial court erred in refusing to sever the two counts charged in the indictment. Regardless of the merits of this contention, however, "it is clear that no harm resulted to this defendant from the consolidation because the jury returned a verdict of not guilty on one of the ... [counts]..." Bell v. State, 141 Ga.App. 277(1), 233 S.E.2d 253 (1977).
3. Finally, the defendant contends that the trial court erred in his determination that the 9-year-old victim was competent to testify. Zilinmon v. State, 234 Ga. 535(4), 216 S.E.2d 830 (1975). Our review reveals no abuse of discretion.
Judgment affirmed.
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Brown v. State
...lustful disposition of appellant to have intercourse with both girls, either with or without their consent. See Allen v. State, 163 Ga.App. 586, 587(1), 295 S.E.2d 549 (1982); Walls v. State, 166 Ga.App. 503, 504(2), 304 SE2d 547 (1983). Accordingly, we find no 4. Appellant contends the tri......
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LaPalme v. State, 66761
...second enumeration of error has no merit. See also Hurst v. State, 166 Ga.App. 852(1), 305 S.E.2d 663 (1983); Allen v. State, 163 Ga.App. 586(1), 295 S.E.2d 549 (1982). 3. The issue raised by defendant's third enumeration of error is controlled adversely to him by Clarke v. State, 167 Ga.Ap......