Bellamy v. State

Full title: BELLAMY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 29, 1981

277 S.E.2d 284 (Ga. Ct. App. 1981)

277 S.E.2d 284

Opinion

61237.

DECIDED JANUARY 29, 1981.

Incest. Clayton Superior Court. Before Judge Ison.

James W. Studdard, for appellant.

Robert E. Keller, District Attorney, Michael D. Anderson, Assistant District Attorney, for appellee.

DEEN, Presiding Judge.

Jessie B. Bellamy appeals from his conviction of incest contending that the trial court impermissibly allowed his character to be placed in evidence over objection. Held:

The trial court allowed the defendant's oldest daughter to testify that he had raped her approximately six years previously when she was thirteen years old and allowed into evidence a certified copy of this charge and his guilty plea. The evidence showed that the defendant had non-consensual sexual relations with his youngest daughter who was fourteen years of age.

This evidence clearly falls within the exception to the other crimes rule as set forth in Bacon v. State, 209 Ga. 261 ( 71 S.E.2d 615) (1952) and State v. Johnson, 246 Ga. 654 ( 272 S.E.2d 321) (1980).

Judgment affirmed. Banke and Carley, JJ., concur.

DEEN, Presiding Judge.

DECIDED JANUARY 29, 1981.