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Crider v. State

The similar transaction statement of defendant's 12-year-old daughter that he molested her was admissible under Georgia's Child Hearsay Statute because the daughter was available to testify and the evidence showed that her statement was reliable.

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Jeffrey A. Crider was convicted by a Muscogee County jury of aggravated assault and aggravated sodomy. The trial court sentenced him to 20 years to serve on each count, to run consecutively. Crider appeals the order denying him a new trial. Crider contends that the trial court erred in 1 admitting child hearsay testimony, 2 failing to charge the jury on simple battery, and 3 inaccurately charging the jury on the law of aggravated assault. He also claims ineffective assistance of counsel. For reasons that follow, we affirm Crider’s convictions.

Viewing the evidence in the light most favorable to the verdict, Crider was drinking early in the morning of March 1, 1998, and began arguing with his girlfriend. Crider became violent, and he hit her with his fists and choked her. He then dragged her by the hair to the bedroom and put his penis in her mouth. A neighbor called the police, and they arrived to find the victim badly bruised, bloody, and with a swollen face. The doctor that treated the victim testified that her injuries were consistent with repeated blows from a fist or open hand. She had a lacerated lip, marks on her neck consistent with choking, and a possibly broken facial bone. She was treated at the hospital and released without stitches.

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