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SMITH v. STATE

37298.

247 Ga. 511 (1981)

277 S.E.2d 53

SMITH v. THE STATE.

Supreme Court of Georgia.

Decided April 21, 1981.

Attorney(s) appearing for the Case

Groover & Childs, Denmark Groover, Jr., Frank H. Childs, Jr., for appellant.

Joseph H. Briley, District Attorney, Arthur K. Bolton, Attorney General, for appellee.

MARSHALL, Justice.

The appellant was convicted of murdering his wife, and he was sentenced to life imprisonment. In this appeal, his sole argument is that the trial judge abused his discretion in ruling that the appellant's two stepdaughters, ages eight and nine at the time of trial, were competent to testify.

The test for determining the competency of a child to testify as a witness is enunciated in Jones v. State, 219 Ga. 245

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