BOOKER T. GRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for lewd and indecent assault on a child, holding that statements made by the child to her mother were admissible as part of the res gestae and that the evidence presented a prima facie case sufficient for the jury's verdict.
The court held that the statements made by the child to her mother were admissible as part of the res gestae and that the evidence presented a prima facie case sufficient to support the jury's verdict.
“Under the factual situation presented we feel the ruling was correct.”
Establishes the court's agreement with the trial court's decision to admit the child's statements.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of unlawfully handling, fondling, and making an assault upon a female child under 14 in a lewd, lascivious, and indecent m…
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Appellant was convicted of unlawfully handling, fondling and making an assault upon a female child under the age of 14 in a lewd, lascivious and indecent manner but without intent to commit rape.
The motion for new trial having been denied this appeal was prosecuted.
Appellant contends it was error to allow into evidence statements of a year old child made to her mother. The evidence was allowed in as part of the res ges-tae. Under the factual situation presented we feel the ruling was correct. The admissibility of such evidence is discussed in 20 American Jurisprudence, Evidence § 678 at page S73.
The next and final point raised by appellant is the refusal of the trial court to direct a verdict in his favor at the close of the State’s case. The evidence introduced presented a prima facie case and was more than adequate to support the jury’s verdict.
Affirmed.
SHANNON, Acting C. J., and ANDREWS, CHARLES O., Jr., Associate Judge, concur.
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Monarca v. State, 412 So. 2d 443 (Fla. 5th DCA 1982)…hearsay rule. See, e.g., Irvin v. State, 66 So. 2d 288 (Fla.1953), cert. denied, 346 U.S. 927, 74 S.Ct. 316, 98 L.Ed. 419 (1954); Fitter v. State, 261 So. 2d 512 (Fla. 3d DCA 1972); Thomas v. State, 220 So. 2d 638 (Fla. 3d DCA 1969); Gray v. State, 184 So. 2d 206 (Fla. 2d DCA 1966). In determining whether a statement is part of the res gestae, four factors have been noted: 1) the time gap between the statement and the [incident], 2) the voluntary nature of the declaration, 3) the self-serving nature of the…
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Carver v. State, 344 So. 2d 1328 (Fla. 1st DCA 1977)…ustify receipt of the evidence. The “res gestae” exception to the hearsay exclusion should be liberally applied to admit such declarations of young children, especially when [*1332] they corroborate the child’s testimony at trial. See Gray v. State, 184 So. 2d 206 (Fla.2d DCA 1966), cert. den., 192 So. 2d 493 (Fla.1966); Fitter v. State, 261 So. 2d 512 (Fla.3d DCA 1972); Annot., 88 A.L.R.2d 1368 (1962).…
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Fitter v. State, 261 So. 2d 512 (Fla. 3d DCA 1972)…perience, and promptly upon the mother’s return and only minutes after the defendant had departed. The trial court was eminently correct in ruling that the challenged testimony of the mother was admissible as res gestae. Gray v. State, Fla.App.1966, 184 So. 2d 206; State v. Hutchison, 222 Or. 533, 353 P. 2d 1047, 83 A.L.R.2d 1361; State v. Withrow, 142 W.Va. 522, 96 S.E. 2d 913; 29 Am.Jur.2d, Evidence §§ 708 and 719; Anno. 19 A.L.R.2d 579, 586-588; 83 A.L.R.2d 1368, 1372. Here the child’s statements to the mo…
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