Smart v. State

Steele Hays, Justice.

Dale Smart was convicted of sexual abuse in the first degree for fondling an eight year old girl on June 27, 1987, in violation of Ark. Code Ann. § 5-14-108 (1987). Smart was convicted and sentenced to seven years, suspended to four, on the condition that he obtain counseling.

On appeal Smart argues that the use of the victim’s hearsay statements pursuant to A.R.E. Rule 803(25) and the victim’s live testimony at trial is cumulative and prejudicial. Additionally, Smart argues that the witnesses testifying to the victim’s hearsay statements under A.R.E. Rule 803(25) were…