STATE v. McMILLAN

No. 15654.

588 P.2d 162 (1978)

STATE of Utah, Plaintiff and Respondent, v. John Earl McMILLAN, Defendant and Appellant.

Supreme Court of Utah.

November 27, 1978.


Attorney(s) appearing for the Case

Bruce Lubeck, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., R. Paul VanDam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.


ELLETT, Chief Justice:

The appellant, defendant below, appeals from judgments of conviction of two crimes:

1. Forcible Sodomy, and

2. Forcible Sexual Abuse.

The sole basis of his appeal lies in his claim that a child witness was not a competent witness and that two other witnesses were permitted over objection to give hearsay testimony.

Four children, two of whom were four years of age and two three years of age, were playing near a...

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