Clark v. State

Smith, Judge.

The appellant was indicted for aggravated sodomy and child molestation after allegedly assaulting a six-year-old boy. A jury found him guilty of aggravated sodomy and thus did not reach the question of whether he was guilty of the lesser charge. The substantial enumerations of error deal with several evidentiary rulings at trial. We conclude that certain testimony introduced against the appellant was hearsay and was not part of the res gestae. Since the hearsay testimony comprised the heart of the evidence against the appellant on the aggravated sodomy charge, the judgment of…