State v. Dague

Phipps, Chief Judge.

Bryan Coleman Dague was indicted for committing two offenses against P C.: (i) child molestation, by touching her vaginal area; and (ii) aggravated child molestation, by placing his mouth on the child’s sex organ. At trial, the state invoked the Child Hearsay Statute and introduced evidence of P. C.’s out-of-court accusations about Dague, and a jury found him guilty as charged. Judgment of conviction was entered thereon.

The trial court granted Dague’s motion for new trial, because it determined that the child hearsay had been admitted in violation of Dague’s Sixth…