Georgia Court Of Appeals, (September 12, 1997)
Docket number: A97A1867
DECIDED
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Judgment affirmed. Pope, P. J., and Johnson, J., concur.
A jury convicted Darron Smith of rape, statutory rape, child molestation, and enticing a child for indecent purposes. On appeal, he contends that his conviction must be reversed because his character was improperly placed into evidence and the trial court erred in charging the jury. For the reasons set forth below, we affirm the conviction.1. Smith claims that the testimony of a ten-year-old witness improperly placed his character into evidence. This child, who was not a victim of the crimes charged, testified that Smith was drunk on the night in question. Smith objected to this testimony, and a conference was held outside the jury's presence. The trial court ruled that the witness was incompetent to evaluate Smith's inebriation and limited the State's inquiry on this issue to whether the witness had smelled alcohol on Smith's person. After the trial court instructed the jury to disregard the witness' comments regarding Smith's intoxication, the witness testified that she had not smelled alcohol on Smith. Smith at no time made a motion for mistrial and did not object following the judge's curative instructions."[T]he trial court's . . . ruling sustained defendant's [objection] and . . . [struck] that testimony which had been presented before the jury. There was no further objection or other request for action following this ruling and the curative instructions. Under these circumstances there is nothing preserved for appellate review." Apperson v. State,