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191 Ga. App. 743

Johnson v. State

Court of Appeals of Georgia

Decided April 27, 1989

Court of Appeals of Georgia · decided 1989-04-27

Cited by 21 later decisions — most recently June 2009

21 state decisions

Relies on 149 Ga. App. 496 - Jackson v. State · 177 Ga. App. 48 - Richardson v. State · 175 Ga. App. 127 - Mathis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-27

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Sognier, Judge.

¶1Donald Johnson was convicted of child molestation and incest, and he appeals.

¶21. In three enumerations of error appellant contends the tried court erred by permitting the prosecutor to ask appellant’s character witnesses whether they would believe him under oath “[i]f it was proved to you beyond a reasonable doubt that [Appellant] had sexual intercourse with [the victim].” This issue hAs been decided adversely to appellant in Mathis v. State, 175 Ga. App. 127-128 (4) (333 SE2d 10) (1985). See also Jackson v. State, 149 Ga. App. 496, 499 (2) (254 SE2d 739) (1979).

¶32. Appellant also challenges the trial court’s ruling allowing the State to ask a character witness called by appellant if she was aware that appellant had been arrested the previous year on an unrelated charge. As this court has approved the use of such an inquiry when, as in the case at bar, “the questions asked by the prosecuting attorney . . . were proven to be factual by [appellant’s] testimony,” Richardson v. State, 177 Ga. App. 48, 50 (2) (338 SE2d 506) (1985), this enumeration is without merit. See id. at 49-50.

¶4Judgment affirmed.

Banke, P. J., and Pope, J., concur.
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