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Stancil v. State

396 S.E.2d 299, 196 Ga. App. 530, 1990 Ga. App. LEXIS 970
CourtCourt of Appeals of Georgia
DecidedJuly 12, 1990
DocketA90A0592
StatusPublished
Cited by11 cases

This text of 396 S.E.2d 299 (Stancil v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stancil v. State, 396 S.E.2d 299, 196 Ga. App. 530, 1990 Ga. App. LEXIS 970 (Ga. Ct. App. 1990).

Opinions

Beasley, Judge.

Defendant appeals his convictions for two counts of aggravated sodomy, OCGA § 16-6-2 (a), and two counts of child molestation, OCGA § 16-6-4 (a), for acts involving his daughters, aged 7 and 9.

1. Defendant first contends it was error for the court to refuse to allow the introduction into evidence of the entire statement he gave to the police. In portions deemed relevant by the court and introduced by the State, defendant related that the children, who lived with him at the time, would yank his towel off after he showered and that he awoke numerous times to find them in bed with him, attempting to caress his penis.

Defendant sought to introduce portions containing statements made to him by the children implicating his ex-wife’s boyfriend as a molester of the children.

When the court ruled that these portions were not relevant, defendant objected on the basis of OCGA § 24-3-38, that if the State introduced portions, “we’re entitled to have the whole statement heard before the jury. ...”

Absent a showing of relevance, evidence of a child's past sexual history, including acts committed by persons other than accused, is inadmissible. Chastain v. State, 180 Ga. App. 312 (2) (349 SE2d 6) (1986), aff’d 257 Ga. 54, 55 (354 SE2d 421) (1987). Compare Hall v. State, 196 Ga. App. 523 (_SE2d_) (1990). This is true whether the evidence is contained in defendant’s admission or otherwise. In this instance it had the added disability of being based on hearsay.

2. Defendant also raises the general grounds. The evidence is sufficient beyond a reasonable doubt to enable a rational trier of fact to convict defendant on each count. Chastain, supra; see also Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

Deen, P. J., concurs. Pope, J., concurs specially.

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Stancil v. State
396 S.E.2d 299 (Court of Appeals of Georgia, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
396 S.E.2d 299, 196 Ga. App. 530, 1990 Ga. App. LEXIS 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stancil-v-state-gactapp-1990.