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Mashburn v. State

Evidence that defendant spanked his 5-year-son until the boy could no longer cry, forced him to walk back and forth with his hands in the air while hitting him, and locked him in a room at night corroborated the co-defendant's testimony that defendant abused his son.

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A jury found Ricky Lee Mashburn guilty of aggravated battery and cruelty to children. On appeal, Mashburn contends that the evidence was insufficient to support the aggravated battery conviction. He also asserts that the trial court erred in admitting certain evidence and in failing to merge the aggravated battery and cruelty to children convictions for sentencing purposes. For reasons that follow, we affirm.

The record demonstrates that in March 1998, Mashburn and his two children, Nicholas and Mariah, lived with Virginia Woolums and her daughter, Jennifer, in a trailer in Cherokee County. On Saturday morning, March 14, Mashburn, who had been drinking, picked up his five-year-old son, Nicholas, by his arm and hit him on his backside. Nicholas fell, and Mashburn picked him up and hit him again.

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