Johnson v. State , 142 Ga. App. 560 ( 1977 )


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  • Bell, Chief Judge.

    The defendant was convicted of child molestation and appeals. Held:

    1. The mother of a six-year-old daughter, and a police officer were allowed to testify as to the particulars of the alleged crime of child molestation as told to them by *561the victim during separate interviews with her. Both interviews occurred within fifteen to twenty minutes of the offense. This evidence was objected to on grounds that it was hearsay. Considering the time factor when made, these declarations were admissible as they were part of the res gestae. Code § 38-305. Hooks v. State, 215 Ga. 869 (114 SE2d 6).

    Submitted May 3, 1977 Decided June 15, 1977. Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.

    2. The evidence authorized the conviction.

    3. The other enumerations of error are without merit.

    Judgment affirmed.

    McMurray, J., concurs. Smith, J., concurs specially.

Document Info

Docket Number: 53926

Citation Numbers: 236 S.E.2d 552, 142 Ga. App. 560, 1977 Ga. App. LEXIS 1399

Judges: Bell, McMurray, Smith

Filed Date: 6/15/1977

Precedential Status: Precedential

Modified Date: 11/8/2024