VEASLEY v. STATE

No. 95-CT-00367-SCT.

735 So.2d 432 (1999)

Herman VEASLEY a/k/a Herman Veasley, Jr., a/k/a "June" v. STATE of Mississippi.

Supreme Court of Mississippi.

April 22, 1999.


Attorney(s) appearing for the Case

Stephen Alan Brandon, Clarksdale, Attorney for Appellant.

Office of the Attorney General by Dewitt T. Allred, III, Attorney for Appellee.

EN BANC.


ON PETITION FOR WRIT OF CERTIORARI

BANKS, Justice, for the Court:

¶ 1. This matter comes before the Court upon the State's petition for writ of certiorari. We granted certiorari to clarify our "tender years" exception to the hearsay rule, Miss. R. Evid. 803(25). We conclude that a child under twelve is rebuttably presumed to be of tender years and that, where a person is twelve or older, a trial court must make a factual determination as to whether...

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