Warnock v. State

McMurray, Presiding Judge.

Defendant was convicted of sodomy (two counts), cruelty to children (three counts) and terroristic threats. This appeal followed the imposition of sentence. Held:

1. Upon direct examination, one of the victims, defendant’s older daughter, testified that she was awake when her father entered her room on the night in question. She also testified that defendant spoke to her, offering to give her a back rub. Upon cross-examination, the victim admitted that she previously gave a sworn statement stating she was not awake when defendant entered her room. In this connection,…