Allen v. State

Phipps, Judge.

A jury found Robert Howard Allen guilty of four counts of cruelty to children and one count of aggravated battery. He was sentenced to serve 20 years concurrently on all counts. He appeals, claiming that the trial court erred by admitting certain hearsay statements and excluding others and by refusing to charge the jury on the lesser included offenses of reckless conduct and battery. Finding no harmful error, we affirm.

On March 19, 1998, Allen and his wife brought K. J., a six-year-old girl, to the Cobb General Hospital emergency room. She was treated by Dr. Michael Gilhully,…