Thomas v. State

McMurray, Presiding Judge.

Defendant was convicted of sodomy and child molestation. Following the denial of his motion for new trial, defendant appeals. Held:

1. At trial the victim testified as to a particular sexual act committed upon her by defendant. On cross-examination the victim stated that she had given testimony in regard to the particular sexual act previously at a hearing. Defendant enumerates as error the trial court’s refusal to permit him to testify for purposes of impeachment that the victim had not given any testimony at the preliminary hearing as to the particular sexual act in…