Pickelseimer v. State

Smith, Judge.

Appellant was convicted of molesting his niece’s seven-year-old daughter. He enumerates as error: 1) the admission of certain hearsay statements of the daughter and 2) the admission of a 1961 conviction for statutory rape. We reverse.

1. The trial court admitted the following testimony of the child’s mother over appellant’s hearsay objection: "She [the child] was in the bathroom and she called me and asked me to come in the bathroom and I went in there and she was crying. She said, 'Mother, if I tell you something, will you promise me you won’t ever tell anybody else?’ And I said,…