Callahan v. State

Roger Gene Callahan was indicted on two counts of aggravated child molestation by performing an act of anal sodomy on a nine-year-old boy. He was tried by a jury, which found him guilty of one count and acquitted him of the other. Callahan’s motion for new trial, as amended, was denied, and he appeals, raising eight enumerations of error challenging the sufficiency of the evidence, the trial court’s exclusion of certain evidence, failure to give certain jury charges, and restriction of voir dire. We find no merit in Callahan’s enumerations, and we affirm his conviction.

Construed to support the verdict, the evidence presented at trial showed that in September 1998, Callahan and his girlfriend moved in with the girlfriend’s former sister-in-law and her future husband,1 and their four children: the nine-year-old victim and three younger children. Callahan often agreed to watch the children while the other adults were at work. Approximately two months later, on a Saturday morning, Callahan was alone in the shared mobile home with the two older boys. Callahan came into the victim’s room and told the victim to pull his pants down and bend over the bed. Callahan lubricated his penis and inserted it into the victim’s anus. He then told the victim not to tell anyone and promised he would give him a dollar.