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Fraser v. State

The trial court did not err in admitting testimony concerning prior difficulties with the victim, since the defendant failed to make a contemporaneous objection to the testimony.

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After a jury trial, Raoul Fraser was convicted of simple battery/family violence. He appeals, claiming that the trial court erred in admitting testimony concerning prior difficulties. However, Fraser did not object to the testimony and has not shown plain error. Accordingly, we affirm.

Construed in favor of the verdict, evidence presented at trial showed that on January 10, 2013, Fraser assaulted his former live-in girlfriend. He cursed at her, pushed her, grabbed her throat, shoved her to the ground, got on top of her, and choked her. When a neighbor arrived at the scene, Fraser fled. A police officer who was dispatched to the scene testified that while questioning the victim, she said that on a prior occasion she and Fraser had gotten into an argument and Fraser had attempted to kill her. Although Fraser had raised an earlier hearsay objection to other testimony, he did not object to this testimony by the officer about the prior incident.

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