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PEOPLE v. SHELTON

Docket No. 69170.

138 Mich. App. 510 (1984)

360 N.W.2d 234

PEOPLE v. SHELTON

Michigan Court of Appeals.

Decided November 5, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.

Carl R. Meyer, for defendant on appeal.

Before: D.E. HOLBROOK, JR., P.J., and MacKENZIE and E.A. QUINNELL, JJ.

MacKENZIE, J.

Defendant, charged with child torture, appeals as of right from his jury conviction of attempted child torture. MCL 750.136a, 750.92; MSA 28.331(1), 28.287. The victim, who was two years old at the time of the alleged offense and three years old at the time of trial, was found incompetent to testify as a witness because he could not understand the difference between lying and telling the truth. The main prosecution witness was the victim's mother, who...

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