Conviction for simple battery and trespass, AFFIRMED; trial court did not err in compelling defendant’s estranged wife to testify under statutory exception to marital privilege that applies where spouse is charged with crime against person of minor child, because cruelty to children in third degree charge triggers exception; trial court did not err in preventing defendant from asking wife, on cross-examination, about maximum penalty for perjury, because wife could not give legal opinion and trial court permitted defendant to suggest that wife was motivated to keep her testimony consistent with earlier statements; defendant was not entitled to bare suspicion charge, because evidence raised more than mere suspicion of guilt; trial court did not err in compelling son to testify, because son’s testimony was material to issues in case.

Sherman v. State, A09A2187 (02/11/10), 10 FCDR 461.

From:  Fulton County Daily Report, 2/26/2010.