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Perritt v. State9/23/2005
er the objections of defense counsel, that Kris allegedly had spanked Rollins' child on her bare bottom. We think it obvious that that testimony was irrelevant, more prejudicial than probative, and that it may have deprived Perritt of a fair trial, in and of itself.
[ ] Through the testimony of George Mills, a police officer for the Town of Evansville where the Perritts lived, the prosecution attempted to show that Kris was occasionally at the home where Perritt conducted her day care business. A significant part of his testimony only placed a vehicle owned by Kris at the residence. Much of Mills' testimony tended to place Kris in the light of engaging in unlawful conduct, although the only relevance of his testimony was to place Kris at the day care business during its hours of operation. Mills' testimony should only have been admitted to the extent it actually placed Kris at the residence on several occasions over the course of some 13 or 14 months.
[ ] Through the testimony of witness Tammy Dominguez, the prosecutor managed to portray Kris as an out of control, very angry man, who abused his own children and his dog. Defense counsel objected throughout her testimony, but all objections were overruled. The only relevance of Dominguez's testimony was to place Kris at Perritt's residence, especially at times when the day care was in operation.
CONCLUSION
[ ] We hold that there was insufficient evidence to sustain Perritt's conviction for the crime of obtaining property by false pretenses. The matter is remanded to the district court with direction that the judgment and sentence be vacated and that the amended information be dismissed with prejudice.
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