Scott v. State

Bell, Chief Judge.

The defendant was convicted of child molestation. His motion for new trial was overruled and he appeals. Held:

1. The court, over defendant’s objection, allowed a state’s witness, a policeman, to testify as to the particulars of the alleged crime as told to him by the victim during an interview with her. The interview took place three days after the occurrence. The state contends that this evidence was admissible as being a part of the res gestae. "Declarations accompanying an act, or so nearly connected therewith in time as to be free from all suspicion of device or…