Smith v. State

Banke, Judge.

The defendant appeals the denial of his motion for new trial following his conviction for child molestation.

1. The child, a five-year-old girl, was located by her mother almost immediately after the incident took place. She was emotionally distraught and in tears. Evidence that the child told her mother that the defendant had taken her to a wooded area, removed her pants, and touched his sexual organ to hers was properly admitted as part of the res gestae. See Code § 38-305; Robinson v. State, 232 Ga. 123, 129 (6) (205 SE2d 210) (1974); Johnson v. State, 142 Ga. App. 560 (236…