State v. Jenkins

ARNOLD, Judge.

Defendant assigns as error the trial court’s admission of testimony, by the prosecuting witness, of an unrelated prior alleged act of misconduct by the defendant. The evidence tended to show that on 19 July 1976, defendant, a forty-nine-year-old man, took the prosecuting witness, an eleven-year-old girl, and his daughter, to a K-Mart to get a cold drink. While his daughter was in the K-Mart, defendant, according to the prosecuting witness, fondled her and exposed himself to her. The evidence about which defendant complains is the testimony of the prosecuting witness of a similar…