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Harden v. State

Trial court was not required to issue a sua sponte curative instruction after the rape victim's emotional outburst.

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Tracy Lee Harden was tried before a jury on charges of burglary, aggravated assault, kidnaping, rape and aggravated sodomy. According to evidence presented at the trial, Harden met a married couple at a bar in the city of Dublin. When the couple left the bar, Harden followed them in his truck to their house. After the couple had gone to sleep, Harden broke into their home, entered their bedroom, struck the husband in the head with a hammer and then forced the wife to the living room where he sexually assaulted her. When the husband awoke, he came into the living room and punched Harden, who fled from the home. The couple called the police, and a short time later Harden was found and arrested at a local motel. The jury found Harden guilty of all charges. The court imposed 20-year sentences for the burglary and aggravated assault, and sentences of life without parole for the kidnapping, rape and aggravated sodomy. Harden appeals.

1. In his first enumeration of error, Harden complains that the trial court erred in failing to give curative instructions after outbursts by the female victim and a similar transaction witness. The complaint is wholly without merit.

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