Wallace v. State

Deen, Chief Judge.

Appellant was tried by a jury and convicted of child molestation. He brings this appeal contending that the trial court erred in permitting his wife to give hearsay testimony.

Appellant’s daughter, a child about nine years of age, testified to defendant’s acts in molesting her and was extensively cross examined. The state then called Mrs. Wallace who testified that on the date of the alleged crime she was taken to work by her husband, and about 3:55 that afternoon appellant, accompanied by their three children, picked her up at work. When she got in the car she observed that…