Smith v. State

Banke, Presiding Judge.

Smith was convicted of one count of child molestation. He brings this appeal from the denial of his motion for new trial.

The victim was the appellant’s then five-year-old step-daughter. On the morning following the incident, the child told her mother that the appellant had come into her room naked during the night and that her bed was wet. The child then left the house for visitation with her fathér. In a telephone conversation later that afternoon, the child told her mother that the appellant had gotten into her bed and had caused the bed to move up and down while he…