State v. Brown

Appellant was convicted of assault and battery with intent to commit first degree criminal sexual conduct. We affirm.

The victim’s mother left her four-year-old daughter with appellant while she ran an errand. Upon returning, she looked through the window and observed her daughter with her pants pulled down to her ankles. Appellant was between the child’s legs, with his pants unzipped and his penis exposed. The victim’s mother immediately took the child to a physician.

The child did not testify at trial. Over defense counsel’s objections, the court permitted the doctor to relate the full…