Ross v. State

Birdsong, Judge.

Alphonso E. Ross appeals his conviction for two counts of aggravated child molestation. On appeal he complains that the trial court advised the jury it would hear the testimony of the two children to “make a determination whether . . . their testimony should be submitted to you. . . . [I]n cases like this, I have to make the first determination whether or not I think that you should be allowed to receive the evidence.”

Appellant complains this statement amounted to a comment on the credibility of the child witnesses and tended to influence the judgment of the jury on that…