Defendant John C. Kincer was convicted by a jury of the offense of cruelty to children. He appeals following the denial of his motion for new trial.
1. In his first three enumerations of error, defendant contends the trial court erred in admitting evidence of similar transactions. Defendant’s sole objection in the trial court was that the prejudicial impact of the complained-of evidence outweighed its “scant probative value.” On appeal defendant urges two additional reasons in support of his argument that the evidence was improperly admitted at trial, to wit, that it was not offered for a proper purpose and that it was not sufficiently similar to the present offense. However, by failing to raise these grounds below, under the authority of
Hunter v. State,
Moreover, we have examined defendant’s contention asserted in the court below and in his brief to this court, that the probative value of the evidence did not outweigh its prejudicial impact, and find it to be without merit. Defendant was convicted of cruelty to children in this case based on a charge that he made the victim (his girl friend’s son) rub animal feces on his face. The similar transaction evidence offered against defendant at trial concerned other incidents of mistreatment of the victim and of mistreatment of the son of defendant’s former wife. These similar acts were admissible to show bent of mind and course of conduct. “ ‘ “Evidence of similar [transactions] is admissible where its relevance to show identity, motive, plan, scheme, bent of mind and course of conduct,
outweighs
its prejudicial impact.” Ol
ler v. State,
2. Defendant also contends the trial court erred in refusing to allow him to review the contents of a pre-sentencing report. As to this issue, the record shows that following the pronouncement of the jury verdict, the trial court asked defendant and his counsel whether they wished to have a pre-sentence investigation conducted, and both defendant and his counsel responded in the affirmative. At the subsequent proceedings to impose sentence, the trial court informed defendant that there were statements in the report made by people who did not want their names disclosed, and informed defendant that he was making the report a part of the record on appeal but was not going to allow the defendant to review the report. Neither defendant nor his counsel objected to this procedure, although the trial court, immediately following his statement concerning the report, asked the defendant if there was anything he wanted to say prior to sentencing. Consequently, defendant cannot now be heard to complain about this aspect of the proceedings. “ ‘If no objection is made at the pre-sentence hearing, a subsequent review by this court of that phase is eliminated.’ [Cits.]”
Moss v. State,
Judgment affirmed.