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Corbitt v. State

The trial court's error in charging on the similar transaction evidence was harmless, given the overwhelming evidence.

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Noah Corbitt appeals from his convictions for incest, rape, and four counts of child molestation. He asserts that insufficient evidence supports his convictions and that the trial court erred by admitting similar transaction evidence and in its charges to the jury. Finding no error, we affirm. 1. Corbitt contends insufficient evidence supports his convictions. We disagree.

With regard to the incest and statutory rape convictions, the evidence presented by the State showed that Corbitt had intercourse with his 13-year-old grandaughter, that she reported it to her aunt the next morning, that she went to the hospital the next day, that vaginal swabs taken from this victim revealed seminal fluid without the presence of spermatozoa,1 that a man who has had a vasectomy would not have spermatozoa in his seminal fluid, and that Corbitt had had a vasectomy.

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