(concurring in result).
I concur in the result of this case. I do not wish to be bound by the majority holding on the “bad acts” testimony and would prefer that R.S.S. not be referred to as defendant. However, I do agree with the majority’s application of the rule, “when an action is tried to the court, the presumption is that improperly admitted testimony is disregarded.”
MILLER, C.J., joins this special writing.