Kincer v. State

Defendant John C. Kincer was convicted by a jury of the offense of cruelty to children. He appeals following the denial of his motion for new trial. 1. In his first three enumerations of error, defendant contends the trial court erred in admitting evidence of similar transactions. Defendant's sole objection in the trial court was that the prejudicial impact of the complained-of evidence outweighed its ""scant probative value."" On appeal defendant urges two additional reasons in support of his argument that the evidence was improperly admitted at trial, to wit, that it was not offered for a proper purpose and that it was not sufficiently similar to the present offense. However, by failing to raise these grounds below, under the authority of Hunter v. State, 202 Ga. App. 195, 196-198 (3) (413 S.E.2d 526) (1991), "" is deemed to have waived these arguments and we are precluded from considering these enumerations on appeal."" Jackson v. State, 205 Ga. App. 513, 514 (422 S.E.2d 673) (1992). We reject defendant's further contention on appeal, that the decision in Hunter is a misinterpretation of Williams v. State, 261 Ga. 640 (409 S.E.2d 649) (1991). ""(N)othing in . . . Williams suggests that the Supreme Court has determined to dispense with the long-standing rule that, to warrant appellate consideration, an objection to the admission of evidence must first have been raised in the trial court. . . .' Hunter v. State, 202 Ga. App. [at 198 (3)]."" McGaha v. State, 204 Ga. App. 248, 249 (418 S.E.2d 802) (1992).