Sink v. State

GARRARD, Judge.

Kevin Sink was charged and convicted of child molesting, a Class B felony, on evidence that he performed cunnilingus on a nine year old girl in whose home he was living.

During the trial and over defense objection three witnesses were permitted to testify to having observed the defendant on a different occasion engaging in inappropriate sexually oriented conduct with the same little girl.

The state’s final instruction No. 4, which was given by the court over defendant’s objection, advised the jury:

Testimony regarding sexual misconduct of the defendant other than the acts charged…