Bloodworth v. State

In Bloodworth v. State 173 Ga. App. 688, 689 (1) (327 SE2d 756) (1985), a man was charged with molesting a six-year-old child. During his trial, the State presented evidence that Bloodworth made remarks to a 22-year-old woman that had sexual overtones, patted the woman on her behind, and on one occasion pulled the woman down in a chair and tickled her. Under those circumstances, we found that the trial court improperly admitted the evidence as a similar transaction as "making a 'pass' at an adult woman cannot be equated to molesting a six-year-old child, nor is it of sufficient similarity to necessarily show a lustful disposition on the part of appellant." Id. In sum, the defendant was charged with molesting a six-year-old child, and the State presented similar transaction evidence that he made sexually-tinged remarks to a 22-year-old woman, patted her behind, and tickled her. Supra, 173 Ga. App. at 688-689 (1). Under those circumstances, the Court found that the trial court improperly admitted the evidence as a similar transaction because "making a 'pass' at an adult woman cannot be equated to molesting a six-year-old child, nor is it of sufficient similarity to necessarily show a lustful disposition on the part of appellant." Id.