McCormick v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of molesting his four-year-old daughter in violation of OCGA § 16-6-4 (a). This appeal followed the denial of defendant’s motion for new trial. Held:

1. Although the victim (five years old at the time of trial) appeared at trial and recanted her pre-trial description of the act which is the basis of the crime charged, the child’s description of defendant touching her genital area during a videotaped interview with a Department of Family & Children Services (“DFCS”) investi gator; her pre-trial statements to this…