Opinion
A89A0585.
DECIDED APRIL 27, 1989. REHEARING DENIED JUNE 1, 1989.
Child molestation, etc. Fulton Superior Court. Before Judge Alverson.
Herbert Shafer, for appellant.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Rebecca A. Keel, David Wright, Assistant District Attorneys, for appellee.
Donald Johnson was convicted of child molestation and incest, and he appeals.
1. In three enumerations of error appellant contends the trial court erred by permitting the prosecutor to ask appellant's character witnesses whether they would believe him under oath "[i]f it was proved to you beyond a reasonable doubt that [appellant] had sexual intercourse with [the victim]." This issue has been decided adversely to appellant in Mathis v. State, 175 Ga. App. 127-128 (4) ( 333 S.E.2d 10) (1985). See also Jackson v. State, 149 Ga. App. 496, 499 (2) ( 254 S.E.2d 739) (1979).
2. Appellant also challenges the trial court's ruling allowing the State to ask a character witness called by appellant if she was aware that appellant had been arrested the previous year on an unrelated charge. As this court has approved the use of such an inquiry when, as in the case at bar, "the questions asked by the prosecuting attorney . . . were proven to be factual by [appellant's] testimony," Richardson v. State, 177 Ga. App. 48, 50 (2) ( 338 S.E.2d 506) (1985), this enumeration is without merit. See id. at 49-50.
Judgment affirmed. Banke, P. J., and Pope, J., concur.