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STATE v. BARNES

No. 802.

494 P.2d 979 (1972)

83 N.M. 566

STATE of New Mexico, Plaintiff-Appellee, v. Arnold BARNES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 7, 1972.

Attorney(s) appearing for the Case

Alan A. Norwood, Roswell, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of sexual assault, defendant appeals. Section 40A-9-9, N.M.S.A. 1953 (Repl.Vol. 6). The contentions, and our answers, follow.

1. Three witnesses were too young to testify.

Two boys age 11 and one boy age 10 testified concerning the sexual assault. Defendant claims the boys were too young to testify. Each of the boys was asked as to his understanding that he was to tell the truth. Each replied affirmatively...

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