People v. Davison

Defendant was convicted in a non-jury proceeding of taking indecent liberties 1 with the person of a 9-year-old girl. It is the unopposed admission of testimony by the victim’s mother and sister which is argued most strongly on appeal.

Though it is said that evidence admitted without objection presents no error on appeal, no asserted error may ever be totally ignored. An appellate court, upon presentation of the record, scrutinizes the proceedings, focusing particularly on those matters raised, but not closing its eyes to other matters which might result in a miscarriage of justice. 2 A…