Watkins v. State

Audis Watkins was charged with aggravated battery and cruelty to children after his girlfriend’s 23-month-old daughter sustained severe burns to her lower body while in his care. Watkins testified that he had filled the bathtub with hot water in order to bathe the child and that, when he went to the kitchen to tend to dinner, the child ended up in the bathtub. Expert testimony indicated that the child’s burns were not consistent with Watkins’ story, but were consistent with the child having been immersed in hot water. Watkins appeals from the judgment of conviction entered on the verdict, claiming the trial court made two errors in its charge to the jury. The contentions are without merit, so we affirm. 1. Watkins contends the court erred by failing to correctly charge the jury on the law of prior consistent statements. This argument presents no grounds for reversal.

The court charged the jury:Prior consistent statement. Should you find that any witness has made any other statement on the witness stand consistent with another witness’ testimony from the witness stand and that such prior consistent statement is material to the case and the witness’ testimony, then you are authorized to consider that other statement as substantive evidence in the case. Emphasis supplied. Watkins urges the court should have instead given this charge: