Armour v. State
Armour v. State
Opinion of the Court
Defendant was tried before a jury and found guilty on two counts of child molestation. The victims’ mother (“co-defendant”) was charged in the same indictment for criminal solicitation to make a false statement in that she directed the victims to recant their accusations against defendant. Defendant called co-defendant to testify on his behalf at trial, but she invoked her state and federal constitutional rights against self-incrimination and the trial court did not make her take the stand.
This appeal followed the entry of the judgment of conviction and sentence. Held:
1. Defendant’s challenge to the sufficiency of the evidence is
2. Next, defendant contends the trial court erred in excusing co-defendant as a defense witness simply because she invoked her state and federal constitutional rights against self-incrimination.
Co-defendant advised the trial court, via counsel and outside the presence of the jury, that she intended to invoke her state and federal rights against self-incrimination. Defense counsel responded by stating that he interviewed the co-defendant before trial and that he intended to question her about matters that do not relate to the pending charges, i.e., two counts of criminal solicitation to make a false statement.
The trial court did not err in not requiring co-defendant to take the stand because charges remained pending against her at the time of defendant’s trial. Duvall v. State, 259 Ga. 801, 802 (2) (387 SE2d 880). Notwithstanding, defendant argues that the State indicted co-defendant as a ruse to prevent her from testifying on his behalf at trial and, in support of this argument, defendant asserts that “the State entered a nolle prosequi dismissing the charges against [co-defendant soon after his convictions for molesting the victims].” We find no indication in the record, however, that the State has entered a nolle prosequi dismissing the charges against co-defendant. But even assuming the contrary, we find no error in the trial court’s decision to excuse co-defendant as a defense witness.
“As a general rule, ‘(w)here (a) witness ha(s) indicated to the trial judge outside the presence of the jury that [she] will assert [her state and federal privileges she] may not be called by the defendant.’ Dodd
Judgment affirmed.
The questions defense counsel proposed related to co-defendant’s general knowledge of the nature and consequences of defendant’s sexual acts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.