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ASHLEY v. STATE

46400.

124 Ga. App. 387 (1971)

184 S.E.2d 44

ASHLEY v. THE STATE.

Court of Appeals of Georgia.

Decided September 7, 1971.

Attorney(s) appearing for the Case

Atkins & Atkins, Dorothy D. Atkins, for appellant.

Lewis R. Slaton, District Attorney, Carter Goode, William M. Weller, Joel M. Feldman, for appellee.

PANNELL, Judge.

The defendant was indicted, tried and convicted of the offense of child molestation. His motion for new trial was overruled and he appealed to this court, enumerating as error the admission of testimony of a five-year-old child on the ground that she was incompetent as an infant under Code § 38-1607, which provides that "children who do not understand the nature of an oath, shall be incompetent...

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