Mackler v. State

Banke, Judge.

In this appeal from his conviction for child molestation, the appellant contends that the trial court erred in finding the 5-year-old victim competent to testify, in admitting evidence of his previous convictions for rape and solicitation of sodomy, in admitting evidence of the contents of a hospital emergency room report which had not been disclosed by the state pursuant to Code Ann. § 27-1303, and in failing to grant his request to charge on public indecency as a lesser included offense.

This case was tried twice, with the first trial resulting in a mistrial due to the jury’s…