Phillips v. StatePhillips v. State
- Reporters:
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- Before:
- McMurray
Defendant was convicted of rape and aggravated assault. Following the denial of his motion for a new trial, defendant appeals. Held:
1. In his first enumeration of error, defendant contends the trial court erred in failing to conduct an in camera hearing pursuant to
We find no prejudicial error. “If defendant desired a more formal hearing and an opportunity to present witnesses (instead of stating in his place what the evidence would show) he should have insisted upon doing so. Instead, defendant went along with the trial court’s in camera format without objection.” Ford v. State, 189 Ga. App. 395 (1) (376 SE2d 418). Likewise, if defendant wanted an immediate ruling upon his offer of proof, he should have insisted upon one. Instead, defendant went along with the postponement of the trial court’s ruling.
Defendant’s reliance upon Hamilton v. State, 185 Ga. App. 536, 538 (2) (365 SE2d 120), is misplaced. In that case, the trial court’s grant of the State’s motion in limine at the beginning of trial obviated defendant’s obligation to request an evidentiary hearing.
2. In his second enumeration of error, defendant asserts that the trial court erred in refusing to permit evidence concerning the victim’s alleged sexual relationship with her father and with other men. This enumeration of error is without merit.
Defendant was permitted to cross-examine the victim about her alleged sexual relationship with defendant and defendant was permitted to testify about that alleged relationship. The trial court properly excluded the evidence about which defendant complains because it could not have led defendant to believe reasonably that the victim consented to sexual intercourse with him.
3. Next, defendant contends the trial court erred in refusing to permit defendant to cross-examine the victim concerning a statement he allegedly made to her immediately following the rape. In this regard, defendant insists that the statement was part of the res gestae. (According to defendant, he teased the victim about her alleged sexual relationship with her father and she got mad at him.) This contention is without merit. “[T]he Rape Shield Statute,
4. Finally, defendant asserts the trial court erred in failing to permit him to testify that after he engaged in sexual intercourse with the victim he teased her about her alleged sexual relationship with her father. In this regard, defendant points out that he testified to this effect once without objection and he complains that he was not permitted to return to this subject later in his testimony because the State waived the rape shield statute by failing to object to this testimony when it was first offered. This enumeration of error is without
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merit. The evidence was inadmissible in light of
Judgment affirmed.
Carley, C. J., and Sognier, J., concur.