State Tennessee v. Raymond Lockhart

TEMPLETON, Special Judge Raymond Lockhart, Sr., was convicted of incest and sentenced to a term of 10 years imprisonment. On Appeal he submits as issues that (1) he was prejudiced by the comment of a prospective juror on voir dire, (2) the testimony of a witness that he saw appellant commit a prior act of incest with the victim was inadmissible, (3) the testimony of the victim that appellant committed prior acts of incest with her was inadmissible, (4) the testimony of a deputy sheriff detailing the victim's report of the crime and prior relationship was inadmissible, and (5) the testimony of a physician that it was possible for a five or six year old girl to have sexual intercourse was inadmissible. We resolve the issues against appellant and affirm the judgment. Appellant resided with his family in a trailer home on Cagle Mountain in Sequatchie County. His family at the time consisted of his wife and four teenage children, three boys and one girl. His daughter, 17 years of age, testified that in the early morning of September 27, 1984, while other family members were absent from the trailer, appellant had sexual intercourse with her. She testified that he had been having sexual relations with her since she was five or six years old. She had not reported the relationship to any except possibly some cousins. On September 29, 1984 she reported it to Officer Terry Dendy, previously a deputy sheriff of the County but at the time of the report a Decherd police officer. Officer Dendy testified about the report which was substantially the same account she gave at the trial. A physician examined the girl on october 1, 1984 and testified that her condition was compatible with having had repeated sexual intercourse for some period of time. Bill Stephens, a 65 year old disabled neighbor, testified that he saw appellant having sexual intercourse with the victim in a barn near the trailer on May 4, 1984. Appellant testified and denied the allegations. The testimony of family members and relatives tended to support appellant's denial. There was evidence, including some letters the victim wrote, that indicated she recanted after lodging the complaint with the authorities. The jury chose to believe the state witnesses and convicted appellant. The Judge approved the verdict.