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COLLIER v. STATE

30 Wis.2d 101 (1966)

COLLIER, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

March 1, 1966.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Robert F. Cavanaugh of Milwaukee.

For the defendant in error the cause was argued by Robert E. Sutton, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

HEFFERNAN, J.

Was it error to allow defendant's seven-year-old son Gregory to testify?

The principal error of which Collier complains is that his seven-year-old son Gregory was allowed to testify without a proper testing of his testimonial competency.

There is no doubt that Gregory's testimony was of crucial importance. He was the only eyewitness. The defendant admitted that he and his wife had been drinking during the day prior to the murder...

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